From 2002 to 2017, the major food retailers (“Auchan”, “Lidl”, “MCH” and “Pingo Doce”) resorted to their vertical relation with the common supplier Sumol+Compal 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 Sumol+Compal so that it would monitor and pressure for retail price readjustments whenever deviations were identified.
In June 2020, 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.
The AdC also carried out, during the preliminary investigation phase, complementary diligences of evidence requested by the targeted companies, whose results were also considered in the final decision.
The Final Decision also sanctioned two managers from Sumol+Compal.