Case details

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Anticompetitive practices
Case reference
PRC/2009/12
Entities involved
  • Sera Gmbh
  • Sera Portugal - Unipessoal, Lda
Natural persons involved
No
Sector
  • Trade and Services
Activity (NACE)
  • G47 - Retail trade, except of motor vehicles and motorcycles
Investigated practice
  • Vertical agreement
Legal provisions
  • European-TFEU-Article 102
  • National-Law 18/2003-Article 4
Case origin
Complaint
Dawn raids
No
Cooperation with sector regulators
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • Sera Portugal - Unipessoal, Lda - €4,188.67
Summary of the case

On September 16, 2009, the Portuguese Competition Authority (AdC) opened an infringement proceeding against Sera GmbH and Sera Portugal - Unipessoal, Lda., for the existence of an agreement to fix the retail prices (minimum prices).

Sera GmbH is a German company that manufactures products for aquarium, saltwater aquarium, lakes and terrariums.

The company Sera Portugal - Unipessoal, Lda. Started its import and distribution activity of SERA brand products, in Portugal, on January 1st, 2008 and is active in the marketing, distribution, importation and exportation of fish food, accessories and medicines for ornamental fish and pets.

Sera Portugal - Unipessoal, Lda. Is a private limited company, and its share capital is wholly owned by Sera GmbH.
The national market for aquarium products is a market in which importation and marketing are concluded online.

Following the investigation, it was found that since 2008, that Sera companies had imposed minimum retail prices for Sera products to its retailers operating exclusively online.

Accordingly, a condemnatory decision was adopted on March 21, 2013, imposing Sera GmbH and Sera Portugal - Unipessoal, Lda.  a fine of € 4,188.67 (four thousand, one hundred and eighty-eight euros and sixty-seven cents).

Timeline
2013-03-21
2012-06-06
Statement of objections
2009-07-16
Case initiation
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