The Portuguese Competition Authority (AdC) opened an infringement proceeding (ex-officio) against Lactogal-Produtos Alimentares S.A. (Lactogal), on Semptember, 9, 2010 for anti-trust practices in the markets for distribution and marketing of dairy products (eg milk, flavored milk drinks, yoghurts, butter and cheese) in the Horeca channel, in Portugal.
The decision followed an ex-officio investigation opened on 9 September 2010, as there were indications of the implementation of vertical price-fixing agreements in Lactogal's contracts with its distributors in the Horeca channel.
The AdC's investigation concluded that Lactogal fixed the minimum resale prices of its products on the Horeca channel, as well as the marketing margins and other direct or indirect remuneration of its distributors since, at least 2003. For that reason the AdC approved a Statement of objections on October 14, 2011. The case was concluded with a condemnatory Decision approved on June 15, 2012.
The interference in the determination of prices by Lactogal in the free play of the market constitutes an infringement proceeding under the terms of Article 4(1) of Law 18/2003, since its object is to prevent, distort or appreciably restrict competition.