Publication details
Resale Price Maintenance Practices as a Continuing Offence
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Article in Periodical (without peer review) |
| MU Faculty or unit | |
| Citation | |
| Description | This case note discusses a decision by the Supreme Administrative Court of the Czech Republic in the case of BABY DIREKT, which dealt with resale price maintenance practices as a violation of competition law. The Competition Office found BABY DIREKT responsible for committing an offence which arose from the determination and implementation of agreements aimed at increasing the prices of children’s products for sale to end consumers to the minimum resale prices. A future ban was issued and a fine was imposed on BABY DIREKT. The courts dealt with the matter of distinguishing between continuing and lasting offence and with the necessity to identify every individual act constituting a continuing offence (i.e. each of the alleged cartel agreements). The decision emphasizes that in administrative measures against resale price maintenance practices, the competition authority is required to demonstrate that there was an agreement of intent between the supplier and its distributors. Moreover, it must detail every individual act, making it possible to ascertain mutual consent between all contracting parties, thereby confirming the establishment and implementation of cartel agreements. |