Abstract
Recently, the Federal Cartel Office (FCO) imposed multi-million euro fines on manufacturers setting resale prices to avoid the increasing pressure of on-line sales on prices charged by traditional retailers. These decisions confirm the jurisprudence developed by the FCO on that issue and demonstrate that that authority has not been sensitive, thus far, to the changes occurred in the United States after the adoption of the Leegin ruling by the Supreme Court. Individual justifications remain possible but have not gained practical relevance, and companies should carefully consider pricing strategies that could trigger RPM concerns.
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