The Czech Office for the Protection of Competition has issued a final decision imposing a fine of 767,000 CZK on Elberry s.r.o. for implementing illegal agreements on resale price maintenance in the sale of consumer electronics. Elberry met the conditions for settlement with the authority and did not appeal the first-instance decision.

Although this case is relatively minor, it has revealed traces of other prohibited agreements among larger manufacturers and distributors. In recent years, the authority has imposed sanctions totaling nearly 250 million CZK on companies such as Electrolux and Groupe SEB based on these findings, as noted by the Deputy Chairman of the Office, Kamil Nejezchleb.

Elberry and its successor companies have been engaged in wholesale distribution of consumer electronics for nearly two decades, representing both well-known and lesser-known brands. The authority found evidence that Elberry had been setting minimum retail prices for its products sold to retailers from at least 2015 until the end of 2021, effectively establishing price floors that retailers could not undercut. The company monitored compliance with these prices and pressured non-compliant retailers to raise their prices, even threatening sanctions that were enforced.

The severity and duration of the illegal conduct were significant factors in determining the fine, although the relatively low market shares of Elberry in the affected markets, voluntary cessation of anti-competitive practices, and cooperation with the authority contributed to a 20% reduction in the penalty.

Vertical agreements on resale price maintenance, where suppliers or distributors prohibit retailers from selling goods below a specified price, lead to artificial price uniformity and increased price levels for consumers. The authority has imposed substantial fines in recent years for such practices, particularly in the consumer electronics and pet food sectors.