Gabriel-Glas coordinated uniform minimum resale prices with various retailers in Austria for wine glasses, drinking glasses, bottles, jugs, wine decanters, cleaning cloths and other wine accessories. The company specified resale prices and regularly monitored compliance with them. To enforce these pricing requirements, Gabriel-Glas exerted economic pressure and threatened consequences for non-compliance, including refusal to supply.
Cooperation and acknowledgement
Gabriel-Glas cooperated with the AFCA during the proceedings and contributed to clarifying the infringement. In this context, Gabriel-Glas also acknowledged the infringement and did not contest the facts. This cooperation was taken into account when determining the amount of the fine.
Fines under the Cartel Act
Under the Cartel Act, practices that have as their object or effect the prevention, restriction or distortion of competition are prohibited. These include, for example, price fixing or the allocation of markets or territories. Where an infringement is established, the Cartel Court may, upon application by the official parties, impose fines of up to 10% of the total turnover achieved in the preceding financial year. In determining the amount of a fine, account is taken of the gravity and duration of the infringement, the degree of fault, the economic capacity and the cooperation of the undertaking concerned.