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8 January 2010

Cartel In Construction Materials Market

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CMS Cameron McKenna Nabarro Olswang

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Ceramic tile producer Cersanit S.A. has been fined for entering into anti-competitive agreements with its wholesalers.
Poland Antitrust/Competition Law

Ceramic tile producer Cersanit S.A. has been fined for entering into anti-competitive agreements with its wholesalers.

The fine was imposed by the Polish Competition Authority because Cersanit (formerly Opoczno S.A.) used distribution agreements stipulating recommended prices but, at the same time, requiring wholesalers to resell the products at prices not lower than the recommended price minus 25%.

The Competition Authority ruled that, despite the fact that the price was called 'recommended', this amounted to a requirement to apply the minimum resale price.

Agreements on minimum resale prices are considered a serious violation of competition law and subject to heavy fines. As Cersanit imposed the anti-competitive arrangement, it was fined more than PLN 900,000.

The five distributors with the highest turnover of Cersanit products while the anti-competitive arrangement was in effect were each fined between PLN 11,000 and PLN 86,000.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 05/01/2010.

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