Introduction
On 16 January 2026, the Hellenic Competition Commission (“HCC”) issued a practical guide on resale price maintenance (the “Guide”). The Guide sheds light on the HCC’s enforcement approach to RPM by also providing helpful practical examples. By issuing guidance on RPM, the HCC also signals that such practices fall within its enforcement priorities.
What is RPM and why it matters?
RPM refers to a business conduct (agreement or concerted practice) whereby a supplier directly or indirectly restricts the ability of the buyer/reseller to independently determine the resale price of the products supplied.
RPM can take the form of:
- fixed or minimum prices;
- controlling the reseller’s profit margin or setting the level or a maximum discount cap the reseller may grant;
- conditioning the granting of discounts or the reimbursement of promotional (marketing) expenses, or the application of other commercial terms by the supplier; upon compliance with a specific price level;
- adopting minimum advertised price policies that act as an indirect RPM;
- imposing threats and sanctions in the event of non-compliance by the reseller;
- requiring the distributor to adjust or align its prices in accordance with the supplier’s recommended resale price list.
By contrast, maximum resale prices and recommended resale prices are generally regarded as less problematic, to the extent they are genuinely non‑binding and free from coercion.
Under EU and Greek competition law, RPM is treated as a hardcore restriction of competition and is prohibited under Articles 101 TFEU and 1 of Law 3959/2011. As such, RPM could be justified only in exceptional cases, which are rarely accepted by the competent authorities. Notably, the HCC has up-to-date never accepted efficiency-based justifications as a valid ground for exempting RPM.
Scope of the RPM prohibition
The prohibition of RPM covers relationships between:
- a supplier of a product or service and all types of distributors, wholesalers, and retailers;
- online platforms/marketplaces and sellers using online services to sell goods or services;
- a franchisor and franchisees under franchise agreements.
The prohibition does not cover commercial agency agreements, provided that a ‘genuine’ agency agreement is in place, i.e. the agent does not assume business risks.
Compliance Matters
HCC includes a practical compliance section, which provides a checklist as well as DOs and DON’Ts to assist suppliers and resellers to avoid unlawful RPM.
Suppliers are encouraged to review their pricing, discount, and commercial policy to ensure that resale prices are not imposed, directly or indirectly, across their distribution network. Any price recommendation should remain indicative and free from incentives and sanctions, or other forms of pressure to maintain predetermined price levels.
In parallel, resellers are expected to safeguard their pricing autonomy, refrain from complying with supplier price instructions or pressure beyond non-binding recommendations, and internally record and escalate any request to apply specific resale prices.
Why is compliance important
Since 2010, the HCC has issued approx. 20 decisions that involved RPM, where it imposed a fine, or the parties involved undertook commitments.
Antitrust compliance is essential for companies, given that in case of an infringement:
- The undertakings involved may be subject to fines of up to 10% of their total worldwide turnover, as well as to actions for damages before the civil courts by any natural or legal person, including resellers, who suffered loss from the infringing conduct.
- Responsible individuals may be subject to criminal sanctions, consisting of a monetary penalty ranging from €15.000 to €150.000.
Concluding remarks
Although the Guide does not have any binding legal effects, it provides a valuable practical guidance on RPM. In addition, it highlights the importance for businesses to being proactive in assessing compliance of their vertical agreements, as well as to train their personnel on do’s and don’ts in communications with resellers.
