Download this Paper Open PDF in Browser

Polish Antitrust Experience with Hub-and-Spoke Conspiracies

Yearbook for Antitrust and Regulatory Studies, Vol. 4, No. 5, 2011

22 Pages Posted: 19 Apr 2012  

Antoni Bolecki

Wardyński & Partners

Date Written: 2011

Abstract

A hub-and-spoke conspiracy involves an exchange of confidential information primarily concerning future prices. The exchange takes place generally between competing distributors via a common supplier but a reverse relationship is also possible. The essence of hub-and-spoke lies in the fact that there is no direct contact between competitors – the party guaranteeing the information flow is normally the common supplier (distributor in a reverse scenario). A hub-and-spoke conspiracy was first identified and specifically described by the British Office of Fair Trade in 2003. There are currently several pending investigations concerning hub-and-spoke practices in a number of EU Member States including Germany, France, Italy and the UK.

Three cases of that type have been so far assessed in the Polish antitrust practice: Polifarb Cieszyn Wrocław (2007), Tikurilla (2010) and Akzo Nobel (2010). The main objective of this article is the reconstruction of hub-and-spoke conduct in Poland. Commented will also be issues such as: the connection between hub-and-spoke practices and ‘classic’ retail price maintenance; standard of proof, and duration of the agreements.

Keywords: hub-and-spoke, AtoBtoC coordination, exchange of information, vertical restraints, RPM, horizontal effect, standard of proof, duration of an agreement, initiator

Suggested Citation

Bolecki, Antoni, Polish Antitrust Experience with Hub-and-Spoke Conspiracies (2011). Yearbook for Antitrust and Regulatory Studies, Vol. 4, No. 5, 2011. Available at SSRN: https://ssrn.com/abstract=2042709

Antoni Bolecki (Contact Author)

Wardyński & Partners ( email )

Al. Ujazdowskie 10
Warsaw, 00-478
Poland

Paper statistics

Downloads
127
Rank
188,509
Abstract Views
602