The relevant product markets in this case can be defined as the import, wholesale and retail markets for baby-mouth and feeding products and the import, wholesale and retail markets for strollers and infant car seats as well as the import, wholesale and retail markets for breast pumps and breast milk handling/storage equipment and accessories. It is noted that the precise definition of the relevant market is not pertinent to the legal assessment of the present case.

Articles 1, 29A, 46 of Law 3959/2011 and 101 TFEU

Operative part of the Decision

The Hellenic Competition Commission (HCC), in plenary sitting, decided, by majority and open vote, as follows:

Α. Accepts the Settlement Proposals submitted by the undertakings 1) “V. & M. SKARMOUTSOS – INFANTS & CHILDREN ITEMS TRADING COMPANY S.A.”, 2) “PHARMEX ΑΝΩΝΥΜΗ ΤΕΧΝΙΚΗ TOURISM, TRADING AND MANUFACTURING S.A.” and 3) “PERAMAX DEALERSHIP-TRADING OF INFANTS ITEMS AND GYMNASTIC & SPORTS APPARATUS & EQUIPMENT S.A.” pursuant to HCC Decision no 790/2022 and Article 29Α of Law 3959/2011.

Β. Finds that the above undertakings infringed Articles 1 of Law 3959/2011 and 101 TFEU through their participation in prohibited vertical agreements in the context of the resale price maintenance practices outlined above, in the context of the Settlement Procedure.

C. Orders the above undertakings to cease, if they have not already done so, and to refrain in the future from the infringements of Articles 1 of Law 3959/2011 and 101 TFEU found in the grounds of this Decision.

1. “V. & M. SKARMOUTSOS – INFANTS & CHILDREN ITEMS TRADING COMPANY S.A.”
2. “PHARMEX ΑΝΩΝΥΜΗ ΤΕΧΝΙΚΗ TOURISM, TRADING AND MANUFACTURING S.A.”
3. “PERAMAX DEALERSHIP-TRADING OF INFANTS ITEMS AND GYMNASTIC & SPORTS APPARATUS & EQUIPMENT S.A.”

According to the grounds of the Decision, the evidence available shows that the above undertakings engaged in an infringement of Articles 1 of Law 3959/2011 and 101 TFEU by object, through their participation in a vertical agreement. 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. The vertical agreement, in respect of SKARMOUTSOS company, extends from 25.01.2017 to 16.05.2023 concerning the import, wholesale and retail markets for baby-mouth and feeding products and, from 25.01.2017 to 01.09.2023 concerning the import, wholesale and retail markets for strollers and infant car seats. With regard to PHARMEX, the vertical agreement concerning the import, wholesale and retail markets for baby-mouth and feeding products extends from 03.07.2013 to 04.09.2023, while the duration of the vertical agreement concerning the import, wholesale and retail markets for breast pumps and breast milk handling/storage equipment and accessories extends from 24.09.2020 to 18.07.2022. Finally, as regards  PERAMAX, the relevant agreement concerning the import, wholesale and retail markets for strollers and infant car seats runs from 14.11.2016 to 09.06.2023. It is noted that contractual terms or practices in vertical resale price maintenance agreements vis-à-vis distributors for the products distributed thereby constitute a hardcore restriction of competition.