By its unanimous Decision no 870/2024, adopted in plenary, the Hellenic Competition Commission (HCC) accepted the settlement proposals submitted by the undertakings “V. & M. SKARMOUTSOS – INFANTS & CHILDREN ITEMS TRADING COMPANY S.A.” (hereinafter referred to as “SKARMOUTSOS”), “PHARMEX ΑΝΩΝΥΜΗ ΤΕΧΝΙΚΗ TOURISM, TRADING AND MANUFACTURING S.A. (hereinafter referred to as “PHARMEX”) and “PERAMAX DEALERSHIP-TRADING OF INFANTS ITEMS AND GYMNASTIC & SPORTS APPARATUS & EQUIPMENT S.A.” (hereinafter referred to as “PERAMAX”) and imposed reduced fines for the established infringement consisting in resale price maintenance, in breach of Article 1 of Law 3959/2011 και 101 ΣΛΕΕ, totaling €314,389.
The case concerns the following markets:
a) the import, wholesale and retail markets for breast pumps and breast milk handling/storage equipment and accessories (e.g., breast pumps and related accessories),
b) the import, wholesale and retail markets for baby-mouth and feeding products (e.g. feeding bottles, pacifiers) and
c) the import, wholesale and retail markets for strollers and infant car seats.
The above companies applied for settlement according to par. 16 of HCC Decision no 790/2022.
The three infringing companies engaged in resale price maintenance in the context of a vertical agreement implemented through their distribution networks. They systematically monitored retail prices and made requests to retailers to correct their prices, with which the retailers complied. It is noted that contractual terms or practices in vertical agreements by which resale prices are set vis-à-vis distributors for the products distributed thereby constitute a hardcore restriction of competition.
The HCC, in plenary sitting, decided to accept the Settlement Proposals submitted by the above companies, and to impose fines as follows, according to the case-Rapporteur's Statement of Objections:
- on “SKARMOUTSOS”, a fine amounting to €108,253
- on “PHARMEX”, a fine amounting to €108,253 and
- on “PERAMAX”, a fine amounting to €40,314.
