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Guidance Note on the Prohibition of Vertical Price Fixing in the Food Retail Sector

German Bundeskartellamt, Guidance Note, July 2017

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The Bundeskartellamt has published a guidance note on the prohibition of vertical price fixing in the brick-and-mortar food retail sector. The aim of the guidance note is to explain to companies in the sector, also with the help of practical examples, the background, purpose and scope of the prohibition of vertical price fixing.

Before its publication the guidance note was presented for public consultation. The authority received many comments on the document, among others from the trademark association Markenband e.V., the German Retailers’ Association (HDE), and national and international lawyer organisations. The Bundeskartellamt has evaluated the comments received and taken account of several of them in its final document.