Commercial refrigeration products (CE/9856-14) [Archived]
Commercial refrigeration products (CE/9856-14) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Commercial refrigeration products (CE/9856-14) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases


ARCHIVED–this archived case hub reflects the position at the date of the decision of 24 May 2016; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

OutlineCMA Article 101 TFEU/Chapter I CA98 investigation into Foster Refrigerator, a division of ITW Ltd, in relation to the alleged introduction in vertical agreements of a minimum advertised price by Foster Refrigerator (a manufacturer) for internet sales of commercial refrigeration products limiting the ability of retailers to sell below that price (case CE/9856-14).

Latest developmentsOn 24 May 2016, the CMA issued its infringement decision and imposed a fine of £2,298,820 on ITW Ltd, the owner of the Foster Refrigerator division.

The fine was reduced by 10% as ITW Ltd has set up a comprehensive compliance programme to train staff. The fine was reduced by a further 20% as ITW Ltd settled with the CMA, admitting liability and cooperating with the investigation.

The CMA decided not to issue an infringement decision to the retailers with whom ITW Ltd entered into the infringing agreements; the CMA applied rule 10(2) of the Competition Act 1998 Rules.

The CMA has also sent warning letters to 20 other businesses in the commercial catering equipment sector which it suspects may have been involved in similar internet sales practices.

PartiesFoster Refrigerator (Foster), a

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