Case details

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Anticompetitive practices
Case reference
PRC/2022/7
Entities involved
  • Dietmed - Produtos Dietéticos e Medicinais, S.A.
Natural persons involved
No
Sector
  • Health & Pharmaceutical
Activity (NACE)
  • G4646 - Wholesale of pharmaceutical goods
Investigated practice
  • 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
  • Dietmed - Produtos Dietéticos e Medicinais, S.A. - €1,040,000.00
Summary of the case

The AdC sanctioned Dietmed - Produtos Dietéticos e Medicinais, S.A. (Dietmed) for fixing the resale prices of its products sold by independent distributors.

The practice under investigation occurred from 2016 until 2022. During this period, the company fixed the resale prices charged by its independent distributors to Dietmed’s products, implementing a control and monitoring system for the implementation of such fixed prices.

Such behaviour, better known as RPM - “Resale Price Maintenance” -, 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).

Dietmed is a relevant wholesale distributor of food supplements and healthy foods in Portugal, which are sold both online and in brick and mortar stores.

Timeline
2023-12-29
AdC sanctions food suplements supplier Dietmed
2023-12-20
AdC´s Decision - Dietmed (in Portuguese)
2023-05-24
Statement of objections - he AdC issued a statement of objections
2022-11-29
Case initiation - -
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