Case details

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Anticompetitive practices
Case reference
PRC/2017/1
Entities involved
  • Auchan Portugal  Hipermercados, S.A.
  • ITMP ALIMENTAR, S.A.
  • Modelo Continente - Hipermercados, S.A.
  • Pingo Doce - Distribuição Alimentar, SA
  • Sociedade Central de Cervejas e Bebidas, SA
Natural persons involved
Yes
Sector
  • Supply and Food Industry
Activity (NACE)
  • G46 - Wholesale trade (include commission trade), except of motor vehicles and motorcycles
  • 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. - €14,200,000.00
  • ITMP ALIMENTAR, S.A. - €10,710,000.00
  • Modelo Continente - Hipermercados, S.A. - €61,370,000.00
  • Natural person(s) - €18,000.00
  • Pingo Doce - Distribuição Alimentar, SA - €56,890,000.00
  • Sociedade Central de Cervejas e Bebidas, SA - €29,500,000.00
Summary of the case

The investigation carried out revealed enough evidence that, at least, from February 2008 to March 2017, the supplier SCC and the retailers under investigation resorted to their vertical relation to horizontally promote the price fixing of SCC products retail prices (hub-and-spoke agreement), a practice that qualifies as a single and continuous infringement of Article 9 of the Portuguese Competition Act and Article 101 of the TFEU, consisting of an illegal horizontal and vertical price fixing agreement (hub-and-spoke) covering the beverage sector in Portugal.
In the present case, the anti-competitive infringement entails a cross-check mechanism of retail prices charged by the retailers as a means to ensure price alignment, as well as the regular report to SCC so that it could monitor and pressure for retail price readjustments whenever deviations were identified.
In the meantime, AdC has engaged in settlement discussions with the supplier SCC and is now in the position to address a settlement notice, which will be converted into a definitive infringement decision against SCC if the company acknowledges the facts and legal qualification thereof and pays the fine.
In setting the fine to be imposed, beside the seriousness of the infringement, the market affected, the duration of the infringement, the degree of SCC involvement, the existing previous administrative competition offences and collaboration given throughout the proceedings, the AdC took into account SCC´s turnover in the last full business year prior to the envisaged decision, and a fine reduction as a result of the application of the settlement regime. The fine to be imposed will not exceed 10% of SCC´s total turnover.

Timeline
Judicial phase chronology - Interlocutory appeals
Judicial phase chronology - Final decision appeal
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