Key takeaways

• In contrast to the U.S. approach since Leegin (2007), retail price maintenance is generally still a strict violation of German (and EU) antitrust laws.
• The German Federal Cartel Office actively and vigorously prosecutes retail price maintenance (RPM) arrangements and other anti-competitive vertical restraints in Germany. The authority recently imposed a serious fine against a mattress producer.
• Distribution contracts involving Germany (or the EU) are cautioned to comply with German (and EU) RPM rules. Sales personnel should (continue to) be appropriately trained on permissible vertical restraints including RPM.