The market for children's toys, except for those related to the use of computers and computer systems.

Articles 1, 29A of L. 3959/2011, 101 TFEU

Operative part of the Decision

By virtue of para. 35 of its Decision no. 790/2022 and Article 29A of Law 3959/2011, the Hellenic Competition Commission, in Plenary session:

Accepts the Settlement Proposal submitted by the company under the name GIOCHI PREZIOSI HELLAS S.A. in the context of the simplified Settlement Procedure referred to above.

Finds that the company under the name GIOCHI PREZIOSI HELLAS S.A. infringed Articles 1 of Law 3959/2011 and 101 TFEU by participating in a prohibited vertical agreement through the practices outlined in the above grounds, in the context of the Settlement Procedure.

Orders the above company to cease, if it has not already done so, and to refrain in the future from the practice of resale price maintenance, as a single and continuous infringement, of articles 1 of Law 3959/2011 and 101 of the TFEU.

Imposes a fine of 628,450 euros for the infringement of Articles 1 of Law 3959/2011 and 101 TFEU found.

According to the grounds of the Decision, the evidence available shows that GIOCHI PREZIOSI HELLAS S.A. adopted a single and continuous ̲, in terms of scope, targeting and temporal sequence (and due to the seasonal nature of the product) ̲  practice of resale price maintenance (RPM), in the context of a vertical agreement, in breach of Articles 1 (1)  of Law 3959/2011 and 101 (1) TFEU, which lasted from 28.12.2017 to 8.10.2021. Resale price maintenance is, by its very nature, a restriction of competition and is considered by its nature to be capable of having an impact on the relevant market, as it softens competition between resellers by eliminating intra-brand price competition, while acting as a disincentive to reduce selling prices for the specific product. Based on the nature and content of the evidence in the case, it can be concluded that resale price maintenance was implemented in practice.