Case details

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Anticompetitive practices
Case reference
PRC/2016/4
Entities involved
Natural persons involved
Yes
Sector
  • Supply and Food Industry
Activity (NACE)
  • G46 - Wholesale trade (include commission trade), except of motor vehicles and motorcycles
Investigated practice
  • Vertical agreement
Legal provisions
  • European-TFEU-Article 101
  • National-Law 19/2012-Article 9
Case origin
Complaint
Dawn raids
Yes
Cooperation with sector regulators
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
Summary of the case

AdC sanctioned Super Bock for fixing minimum resale prices in hotels, restaurants and cafes


The AdC (Autoridade da Concorrência) sanctioned Super Bock Bebidas S.A., one board member and one director of the company to fines of  €24 million for fixing minimum resale prices and other commercial conditions, of beverages in hotels, restaurants and cafes, over more than ten years (2006-2017).


The interference by a supplier in pricing and other commercial conditions practiced by independent distributors who purchase their products for resale restricts their ability to compete with each other, as it eliminates competition for the price of their products to the detriment of the consumers, who are limited in their choice and can no longer benefit from low-priced products.


Such behavior is liable to be qualified as a serious infringement of competition, with its legal framework in Article 9 (1) of Law no. 19/2012 (Portuguese Competition Act) and Article 101 (1) of the Treaty on the Functioning of the European Union (TFEU).


The affected markets in this case are of paramount importance in the lives of consumers in general. It is the distribution of beer, water (soft and sparkling), soft drinks, iced tea, wines, sangrias and ciders in hotels, restaurants and cafes, which roughly corresponds to all consumption away from home.


Therefore, this antitrust practice adversely affects the wellbeing of consumers.


In addition, Super Bock is recognized as one of the largest Portuguese companies in these markets, having strategic importance for domestic consumption as well as for Portuguese exports.


The investigation was initiated by the AdC in June 2016, following two complaints of former Super Bock’s distributors.


During the course of the investigation, in 2017, the AdC conducted dawn raids in the undertaking’s premises.


In August 2018, the AdC issued a Statement of Objections, giving the opportunity to Super Bock to exercise the right of hearing and defense, which was duly assessed and considered in the final decision.

Timeline
Judicial phase chronology - Interlocutory appeals
2024-10-23
Constitutional Court
IDI/2018/7
1285/23
2023-11-09
Lisbon Court of Appeal
IDI/2018/7
71/18.3YUSTR-D.L2
2023-03-16
Constitutional Court
IDI/2018/7
559/20
2022-02-03
Constitutional Court
IDI/2018/7
559/20
2021-06-01
Competition, Regulation and Supervision Court
IDI/2021/3
71/18.3YUSTR-Q
2020-10-06
Lisbon Court of Appeal
IDI/2019/43
71/18.3YUSTR-N.L1
2020-06-23
Competition, Regulation and Supervision Court
AA/2020/1
1/20.2YQSTR
2020-03-31
Lisbon Court of Appeal
PC/2020/1
74/19.0YQSTR.L1
2020-03-04
Lisbon Court of Appeal
IDI/2018/7
71/18.3YUSTR-D.L2
2020-02-20
Lisbon Court of Appeal
IDI/2018/28
71/18.3YUSTR-I-L2
2020-01-17
Competition, Regulation and Supervision Court
IDI/2019/43
71/18.3YUSTR-N
2019-12-04
Competition, Regulation and Supervision Court
PC/2020/1
74/19.0YQSTR
2019-11-12
Lisbon Court of Appeal
IDI/2019/20
71/18.3YUSTR-J.L1
2019-10-07
Competition, Regulation and Supervision Court
IDI/2019/34
71/18.3YUSTR-L
2019-07-03
Competition, Regulation and Supervision Court
IDI/2019/20
71/18.3YUSTR-J
2019-07-03
Competition, Regulation and Supervision Court
IDI/2019/19
71/18.3YUSTR-K
2019-05-01
Administrative Court of the Lisbon Circuit
AI/2019/1
290/19.5BELSB
2019-04-24
Lisbon Court of Appeal
IDI/2018/29
71/18.3YUSTR-G.L1
2019-04-03
Lisbon Court of Appeal
IDI/2018/25
71/18.3YUSTR-F.L1
2019-03-13
Lisbon Court of Appeal
IDI/2018/22
71/18.3YUSTR-H.L1
2019-02-13
Lisbon Court of Appeal
IDI/2018/10
71/18.3YUSTR-B.L1
2019-02-13
Lisbon Court of Appeal
IDI/2018/23
71/18.3YUSTR-E.L1
2019-01-24
Competition, Regulation and Supervision Court
IDI/2018/28
71/18.3YUSTR-I
2018-11-30
Lisbon Court of Appeal
PC/2018/3
11/18.0YQSTR.L1
2018-11-19
Competition, Regulation and Supervision Court
IDI/2018/7
71/18.3YUSTR-D
2018-11-19
Competition, Regulation and Supervision Court
IDI/2018/10
71/18.3YUSTR-B
2018-11-19
Competition, Regulation and Supervision Court
IDI/2018/29
71/18.3YUSTR-G
2018-11-19
Competition, Regulation and Supervision Court
IDI/2018/22
71/18.3YUSTR-H
2018-11-19
Competition, Regulation and Supervision Court
IDI/2018/25
71/18.3YUSTR-F
2018-11-19
Competition, Regulation and Supervision Court
IDI/2018/23
71/18.3YUSTR-E
2018-10-17
Competition, Regulation and Supervision Court
AA/2018/3
3/18.9YQSTR
2018-05-17
Competition, Regulation and Supervision Court
IDI/2018/4
71/18.3YUSTR
Judicial phase chronology - Final decision appeal
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