The CPC addressed allegations of committed infringement of Art. 15, par. 1 of the LPC and art. 101 (1) TFEU to Nikon Europe B.V. and Profiled OO

By Statement No. 1350/12.12.2019  handed down under case No. КЗК-69/2018 on the grounds of art. 74, par. 1, item 3 of the LPC, the Commission for Protection of Competition addressed to Nikon Europe B.V. and Profiled OOD allegations of committed infringement of Art. 15, par. 1 of the LPC and art. 101 (1) TFEU manifested in participation in a prohibited agreement restricting sales to third parties, potential providers of aftersales services in Bulgaria, of original spare parts and servicing equipment/instruments, necessary for the performance of aftersales service for optical products of Nikon brand.

The proceedings before the CPC were instituted upon a complaint filed by PRG International, which has requested delivery of spare parts and provision of technical data, necessary for the performance of aftersales services for Nikon cameras. The necessary components and information have not been provided to PRG International with arguments that the latter did not meet the criteria for admission to the authorized network, set forth by the manufacturer.

Nevertheless, based on the information collected and analyzed in the course of the proceedings, the Commission finds that the situation gives rise to reasonable doubts that Nikon Europe B.V. and Profiled OOD, acting as the sole authorized repair shop of Nikon in Bulgaria, have reached a principal agreement not to allow entry to the Bulgarian market for provision of aftersales services for optical products of Nikon brand.

The Commission finds that the behavior under scrutiny has direct potential to affect trade between member states of the EU, due to its substantial impact on cross-border activities. As a result and by virtue of Council Regulation (EC) No 1/2003, the Commission has responsibility to apply the European antitrust regime and the national legal framework concomitantly.

Within 45 days the parties are entitled to submit written objections to address the allegations. The period runs from the day of receipt of the Statement.