Case details

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Anticompetitive practices
Case reference
PRC/2017/12
Entities involved
  • Auchan Portugal  Hipermercados, S.A.
  • Jerónimo Martins, SGPS, S.A.
  • JNTL Consumer Health (Portugal), Limitada
  • Johnson & Johnson
  • Modelo Continente - Hipermercados, S.A.
  • Pingo Doce - Distribuição Alimentar, SA
Natural persons involved
Sector
  • Supply and Food Industry
Activity (NACE)
  • G47 - Retail trade, except of motor vehicles and motorcycles
Investigated practice
  • Horizontal agreement
  • Vertical agreement
Legal provisions
  • European-TFEU-Article 101
  • National-Law 19/2012-Article 9
Case origin
Ex-officio
Dawn raids
Yes
Cooperation with sector regulators
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • Auchan Portugal  Hipermercados, S.A. - €1,480,000.00
  • JNTL Consumer Health (Portugal), Limitada - €4,440,000.00
  • Modelo Continente - Hipermercados, S.A. - €7,650,000.00
  • Pingo Doce - Distribuição Alimentar, SA - €3,330,000.00
Summary of the case

From 2001 to 2016, the major food retailers (“Auchan”, “MCH” and “Pingo Doce”) resorted to their vertical relation with the common supplier JNTL Consumer Health (Portugal), Limitada. (formerly Johnson&Johnson, Lda.) to horizontally promote the retail price fixing (hub-and-spoke agreement).

The practice 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 JNTL so that it would monitor and pressure for retail price readjustments whenever deviations were identified.

In March 2022, the AdC adopted the respective Statement of Objections, having given the opportunity to the affected parties to exercise their right to be heard and defence, which was duly assessed and considered in the final decision.

Timeline
2023-04-21
AdC's decision (in Portuguese)
2022-03-15
Statement of objections - -
2017-08-22
Case initiation - -
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