1) Import and marketing of breast pumps

2) Marketing and distribution of breast milk handling/storage equipment and accessories

Settlement Decision, following the relevant Statement of Objections (SO), on the ex officio investigation conducted by the Directorate-General for Competition into the import, wholesale and retail markets for breast pumps and breast milk handling/storage equipment and accessories (e.g., breast pumps and related accessories, breast milk storage bottles and bags etc.) in order to determine whether the conditions for the application of the provisions of Article 1 of Law 3959/2011 and/or 101 TFEU are met in the context of a vertical agreement, following the Settlement Submission by the company under the name KLINIKUM PLUS SINGLE MEMBER PC.

Article 29A of L. 3959/2011.

Operative part of the Decision

The Hellenic Competition Commission (HCC), in plenary, unanimously decided as follows:

A. Finds that KLINIKUM PLUS SINGLE MEMBER PC infringed Articles 1 of Law 3959/2011 and 101 TFEU, as reflected in the grounds of the Statement of Objections, through its participation in a vertical agreement in the context of the resale price maintenance practice.

B. Orders KLINIKUM PLUS SINGLE MEMBER PC to to cease, if it has not already done so, and refrain in the future from the infringements of Articles 1 of Law 3959/2011 and 101 TFEU found in the grounds of this Decision.

C. Imposes on KLINIKUM PLUS SINGLE MEMBER PC a fine totaling sixty-eight thousand seven hundred and seventy nine euros (EUR 68,779) for the above infringement of Articles 1 of Law 3959/2011 and 101 TFEU.

“KLINIKUM PLUS SINGLE MEMBER PC”

“KLINIKUM PLUS SINGLE MEMBER PC” engaged in a Resale Price Maintenance (RPM) practice in the context of a vertical agreement with its retail partners. Through its practices, the above company restricted the ability of its retailers to independently set the sales price of breast pumps, a practice that is amongst the hardcore restrictions of competition under current legislation and case law. In addition, KLINIKUM had put in place a system of identifying and interfering with retailers who deviated from the RPM scheme, as well as a system of penalties for those of its distributors who did not comply with its pricing policy. KLINIKUM PLUS SINGLE MEMBER PC is one of the largest firms active in the relevant market. Furthermore, as an authorised representative of foreign-branded breast-pumps, the company enjoyed greater power vis-à-vis the retailers-members of its network, which enabled it to impose its selling price policy as well as the means of exerting pressure to ensure their implementation by its distributors.