Some producers also defend the maintenance of resale prices by saying that they guarantee fair returns for both manufacturers and resellers, and that governments have no right to infringe on the freedom to enter into contracts without good reason. concerted agreements or practices between a supplier and a distributor to set, directly or indirectly, a fixed or minimum price price or a minimum price level that the distributor must meet when reselling a product or service to its customers. A provision to maintain the resale price is generally considered a marked restriction. With respect to contractual provisions or concerted practices that directly justify the resale price, the restriction is clear. However, the maintenance of the resale price can also be obtained indirectly: z.B. by setting the distribution margin or the maximum discount that the distributor can grant from a prescribed price level; subordinating supplier rebates or reimbursement of advertising costs to a certain price level, conditioning the resale price imposed on competitors` resale prices, or threatening, warning or even sanctioning a trader who does not respect a certain price level (for example, sanctions). B delays or suspension of deliveries or termination of contracts). European Commission On 21 April 2020, the Turkish Competition Authority (TCA) made public its reasoned decision on price maintenance and proprietary practices based on the practices of Red Bull Géda Dastém ve Pazarlama Tic. Ltd. (”Red Bull”) Preservation and exclusion of the resale price (…) In summary, the furniture case highlights two predominant issues in the Vertical Pricing Act: first, what are the practices of pricing? Second, what is the appropriate analytical framework for the evaluation of MPRs? The CNMC opens a formal review procedure for possible anti-competitive practices by ISDIN, S.A. The potential illegal behaviour would be to set resale prices online, at least for sunscreen products.
Currently, the CNMC is studying possible restrictions on competition by manufacturers (…) In the second half of 2016, the FCO fined five furniture manufacturers (as well as four managers) 4.43 million euros for imposing MPRs on retailers. [8] According to the FCO, the objective of the core agreements was to ensure minimum prices/maximum discounts on retailer sales to consumers. Although there were differences in detail, the basic agreements were applied by different means, but above all by: according to a press release issued on 16 March 2020, the French Competition Authority (FCA) fined Apple a record 1.1 billion euros for anti-competitive practices in the distribution of Apple products (without iPhones). These practices included: (i) Limitation of resale (…) Roland was fined $4 million for illegally preventing online delivery – Lessons from the CMA`s investigation into the use of Roland`s Illegal Resale Price Maintenance (RPM). Background If online retailers have the freedom to rent items independently, this leads to healthy competition – rivals (…) One of the peculiarities of German jurisprudence is that, although RPM is considered an incidental restriction, the effects of the practice in question are generally analysed, but not the effects on the market or the common good.
