“Requirement to Identify All Parties to Anti-competitive Vertical Agreements (Anyro & Co)”

• 1. In the case of resale price maintenance, the organiser’s right to defence is not infringed by the lack of identification of all the parties to the agreement. A detailed and individualised assessment of the behaviour of the agreement’s organiser is sufficient.

• 2. In the case of a restriction by object, the right to defence of the investigated undertaking is not infringed upon when a relevant market is not defined. In such restrictions, the anticompetitive effect of the behaviour is assumed.

• 3. The economic context of agreements setting minimum or fixed resale prices gives no basis not to respect the rules of legal assessment of such agreements. The provisions of the Act on Competition and Consumer Protection emphasise the principal role of price competition when compared with other types of competition, the importance of the independence of market players in determining their price policy, as well as the interests of consumers.