08 Abr Cma Agreement Retail
In all of these musical instrument cases, the CMA expressed concern that the use of online price monitoring software by suppliers significantly increased its ability to illegally control (or influence) resale prices. While the use of such price software is not illegal per se, manufacturers should expect the CMA to give it a precise review of its use – it cannot be used to find and then sanction retailers who sell below an agreed price. In addition, the CMA fined RPM for the first time to a retailer that agreed to implement the agreement, even though it had previously received a letter of formal notice from the CMA indicating that there was evidence that it could participate in RPM. Although retailers are participating in the anti-competitive agreement in the case of RPM, the CMA has so far imposed only fines on suppliers for imposing restrictions on retailers. In its open letter to the musical instruments sector, the CMA advises retailers that if they agree with suppliers on a sale at fixed or minimum prices, they may be found to be contrary to competition law. Although addressed to the musical instrument industry, the open letter contains practical guidelines that are of interest to suppliers and retailers in all sectors. Recommended resale prices (RRPs) remain legal. However, manufacturers should ensure that distribution staff do not require retailers to maintain a certain price point by using tacit or indirect penalties. However, the CMA`s recent complaint against GAK, a specialized distributor of musical instruments that has fined $278,000, suggests that retailers who comply with RPM agreements or practices (for example). B by «purchases» from competing retailers who have set the price set by the manufacturer may be considered a violation of competition law. The maintenance of resale prices (RPM) is technically an anti-competitive agreement between two parties, who are the supplier concerned and the retailer concerned. The CMA has always been able to impose competition law on both the supplier and retailers involved in a violation of the RPM, but it has the power to decide not to enforce the law against a particular party. Apart from musical instruments, RPM has been a priority for the Czech Republic and Poland in sports equipment, Finland in the supply of equipment and France in technical equipment.