Facts
- Colgate Palmolive Europe Sàrl (formerly Gaba International AG) and Gebro Pharma GmbH had a contract from 1982 to 2006 that provided for absolute territorial protection for Austria. This was qualified by the Competition Commission as a prohibited territorial agreement under Art. 5 para. 4 in conjunction with Art. 5 para. 1 CartA. - Colgate Palmolive Europe Sàrl was sanctioned in accordance with Art. 49a para. 1 CartA with an amount of CHF 4,820,580.- as it was involved in this prohibited territorial agreement.Considerations
- Art. 49a para. 1 CartA refers to "prohibited agreements under Article 5 paragraphs 3 and 4" of the CartA. This includes the types of agreements listed in these paragraphs, which are prohibited under Art. 5 para. 1 CartA because they significantly restrict competition and cannot be justified by reasons of economic efficiency. - Colgate Palmolive Europe Sàrl concluded a prohibited territorial agreement within the meaning of Art. 5 para. 4 CartA through the absolute…