On 24 May 2016, the UK Competition and Markets Authority (CMA) announced that a commercial refrigerator supplier had agreed to pay a fine for infringing EU and UK competition law by imposing Internet Minimum Advertised Price restrictions. It had also threatened its dealers with sanctions if they advertised below that minimum price .These are well-established illegal vertical restrictions amounting in effect to Resale Price Maintenance (RPM). Even earlier, on 26 April 2016, the CMA announced that a bathroom fittings supplier had agreed to pay a fine for online RPM .In that case, Ultra Finishing Limited had tried to dress up RPM as recommended resale prices (RRPs) to its retailers. RRPs are legal, but cannot cross the line into RPM. Ultra-had crossed the line in relation to online sales by its retailers because it threatened them with penalties for not pricing at or above the ‘recommended’ price, including: Charging them higher prices for products; withdrawing their rights to use Ultra’s images online; and ceasing supply.
(Source:https://www.gov.uk/government/organisations/competition-and-markets-authority)
M M SHARMA
Comdt. (Retd.) M. M. Sharma heads the Competition Law & Policy team in VA since 2009 and has over 30 years’ experience as an Advocate of Delhi High Court and holds a Post Graduate Diploma in Economics of Competition Law from Kings College, London. He has worked in the Competition Commission of India (CCI) as Additional Registrar during 2006-2008 and was responsible for drafting the Implementing Regulations under the Competition Act, 2002. He has experience of working as Head-Legal /In-house Counsel for a large Corporate Group in the Steel and Power sector before joining VA in 2009. He has represented clients as an independent arguing Counsel in landmark cases decided by CCI, the Competition Appellate Tribunal (COMPAT) , High Courts and the Supreme Court. As a prolific writer, he contributes articles and is regularly quoted on competition issues in National Newspapers and interviewed by TV Channels. He also teaches as a visiting faculty in various Universities and Institutions and is widely regarded as a subject expert in various Committees of Apex Business Chambers, such as FICCI, CII, ASSOCHAM and PHD CCI.
Mr. Sharma has been mentioned as a “Notable Practitioner” in the “Competition/Antitrust” category of Chambers & Partners (Asia Pacific) Ranking of Leading Lawyers for Business in India for the year 2012 and 2013. VA’s competition law and policy team has also been awarded the Law Firm of the Year Award for “Competition/Antitrust Law” for 2013 by the Indian Business Law Journal. Included as a ‘Recognised Practitioner’ in Individual Lawyers’ranking by Chamber’s Asia Pacific Guide 2020 for Antitrust/Competition Law.
