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ARTICLE · 23 MARCH 2011

Bkarta Fines Three Food Companies For Anti-Competitive Information Exchanges

Yesterday, the BKartA fined three consumer goods manufacturers for anti-competitive information exchanges amounting to € 38 million in total.

GermanyAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

Yesterday, the BKartA fined three consumer goods manufacturers for anti-competitive information exchanges amounting to € 38 million in total.  For several years, the parties held meetings in which they updated each other on their negotiations with retailers such as intended price increases. The undertakings concerned are Kraft Foods, Unilever and Dr. Oetker. Investigations against one further party are ongoing. Henkel was also temporarily involved in the infringing conduct at hand but was not fined. Its conduct was already subject to the BKartA's "drugstore products" decision of February 2008 (see Community Week issue 362). Mars also took part in the unlawful conduct. However, it was not fined because it was granted immunity under the BKartA's leniency programme.

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