Background
In 2022, the AFCA initiated investigations in response to alleged vertical price fixing in relation to the sale of Sennheiser headphones. Later in the year, in September 2022, the AFCA conducted dawn raids at Sennheiser and Sonova in Germany, with the assistance of the German Bundeskartellamt. Both companies had entered into vertical agreements with trading partners in the area of consumer electronics/audio products (headphones) of the Sennheiser brand in order to promote uniform and stable resale prices, hinder price competition among trading companies and thereby restrict competition.
Vertical agreements are agreements between companies operating at different levels of the supply chain.
The competition infringements were committed by Sennheiser from May 2015 to February 2022 and by Sonova from March 2022 to September 2022.
The decision is final.
Application for leniency - cooperation
Sennheiser and Sonova applied to the AFCA for leniency after investigations had started in 2023. The two companies cooperated fully with the AFCA, and their cooperation was considered accordingly when setting the amount of the fine.
The companies
Sennheiser is a leading manufacturer of electronic products, specifically headphones and microphones for a range of uses. Sennheiser divested itself of its Consumer Electronics business unit in a carve-out, selling it to Sonova. A carve-out is the partial divestiture of a business unit. In this case, Sennheiser transferred its Consumer Electronics unit to Sonova.
Sonova is an international provider of hearing care solutions, focusing in particular on consumer hearing, hearing aids, audiological care and cochlear implants.
Cartel Court fines Sennheiser EUR 534,000 and Sonova EUR 100,000 at AFCA’s request for price fixing