Musical instrument firms in UK to pay millions after breaking competition lawChristian Fernsby ▼ | July 1, 2020
The CMA has fined 2 musical instrument makers a total of £5.5 million, in 2 separate cases, for breaking competition law by restricting online discounting of musical instruments.
Music Korg instrument
Topics: Competition UK
All of these companies have been fined for implementing resale price maintenance (RPM) designed to restrict retailer freedom to set prices online by requiring their musical instruments to be sold at or above a minimum price. It brings the total fines imposed by the Competition and Markets Authority (CMA) for this illegal conduct in the musical instrument sector to £13.7 million.
Separately, a retailer of musical instruments, GAK, has also admitted to engaging in RPM with Yamaha and agreed to pay a maximum fine of more than a quarter of a million pounds to settle the case. This is the first time the CMA has taken enforcement action against a retailer in a resale price maintenance case.
The CMA has issued a provisional decision finding in this case that GAK and Yamaha agreed that GAK would not discount the online price of certain Yamaha musical instruments below a minimum price.
The amount of the fine was increased by 15% after it emerged the activity appeared to have continued after GAK received an advisory letter from the CMA, making it aware that there was evidence suggesting it might be engaging in RPM. In contrast, Yamaha was granted total immunity from fines for being the first to bring the conduct to the attention of the CMA.
Building on its extensive efforts to monitor and address suspected RPM, the CMA has launched its own in-house price monitoring tool aimed at deterring companies from entering into agreements restricting online discounting.
The new software will allow the CMA to automatically monitor price levels amongst musical instrument retailers, enhancing its market intelligence and benefitting consumers in the long-term. The CMA intends that this tool will be used to monitor suspicious pricing activity in other sectors in the future to help protect more customers purchasing online.
The CMA has also written to almost 70 manufacturers and retailers across the sector, warning them about their conduct. ■