On April, 4, 2014, the Portuguese Competition Authority (AdC) opened an infringement proceeding against DIA Portugal Supermercados, Sociedade Unipessoal, Lda. (DIA Portugal), a supermarket chain, to investigate the relationship between DIA Portugal and its franchisees. The investigation identified a number of concerns regarding retail prices in the context of the franchise agreement. It was necessary to clarify whether the prices indicated by DIA Portugal to franchisees corresponded to fixed retail prices, or whether they corresponded to recommended and/or maximum prices.
In March 2016, DIA Portugal submitted a proposal of commitments aimed to address the concerns expressed by the AdC.
The proposed commitments included a clarifying note sent to all franchisees stating that DIA Portugal only recommended retail prices ("PVP") and that franchisees were free to set lower prices. DIA Portugal also undertook not to enter into franchise agreements including clauses restricting the freedom of the franchisees to determine its retail prices.
The AdC accepted the commitments proposed by DIA Portugal, considering that they eliminate all the concerns.
DIA Portugal was required to comply with these commitments, under the supervision of the AdC.
The AdC concluded the proceedings by adopting a commitments decision on June 6, 2016.