At least from 2005 to 2016, Bimbo Donuts and major food retailers under investigation (“Auchan”, “MCH” and “Pingo Doce”) resorted to their vertical relation to horizontally promote the retail price fixing of Bimbo Donuts products (hub-and-spoke agreement). The practice under investigation comprised a cross-check mechanism of retail prices charged by the retailers as a mean to ensure price alignment, as well as the regular report to Bimbo Donuts so that it would monitor and pressure for retail price readjustments whenever deviations were identified.
In June 2020, the AdC adopted the respective Statement of Objections, having given the opportunity to the affected companies to exercise their right to be heard and defence, which was duly assessed and considered in the final decision.
The AdC also carried out, during the preliminary investigation phase, complementary diligences of evidence requested by the targeted companies, whose results were also considered in the final decision. The Final Decision was adopted on 16 November 2021.