Corporate report
Warning letters issued by the CMA
Updated 7 March 2023
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This publication is available at https://www.gov.uk/government/publications/competition-law-warning-and-advisory-letters-register/warning-letters-issued-by-the-cma
This register sets out summary details of warning letters sent by the CMA.
Each entry for the year in question relates to a particular matter where the CMA has received a complaint or other intelligence about a business that may be breaking competition law. We sometimes send letters to multiple businesses about a single matter.
Individual case pages may record where a warning letter has been sent in connection with a formal investigation.
At the end of each year we will provide an annual total of warning letters sent that year. After 5 years, individual register entries will be removed from the register. Annual aggregate figures will remain.
The market sectors are based on those listed in the CMA’s case directory. As these are relatively broadly defined sectors, they may cover a number of different industries.
2022
Total sent in 2022: 47
| Potential issue(s) | Market sector |
|---|---|
| Chapter I prohibition - Concerns that a supplier might be seeking to ensure that retailers of certain of its products adhere to recommended retail prices (resale price maintenance) | Cycle manufacture |
| Chapter I prohibition - Concerns that a supplier might be seeking to ensure that retailers of its products adhere to minimum recommended retail prices or face being prevented from selling its products (resale price maintenance) | Jewellery |
| Chapter I prohibition - Concerns that a supplier might be seeking to ensure that retailers of its products adhere to minimum recommended retail prices or face being prevented from selling its products (resale price maintenance) | Vehicle security |
| Chapter I prohibition - Concerns that a supplier and a retailer might have agreed that the retailer will sell its products at or above a particular price (resale price maintenance) | Household goods |
| Chapter I prohibition - Concerns that a supplier might be seeking to ensure that retailers of certain of its products adhere to recommended retail prices or face being prevented from selling its products (resale price maintenance) | Home furnishing |
| Chapter I prohibition - Concerns that a distributor might be seeking to ensure that retailers of certain of its products adhere to recommended retail prices (resale price maintenance) | Food |
| Chapter I prohibition - Concerns about possible disclosure of confidential and commercially sensitive information, including pricing information, between competing businesses | Transport |
| Chapter I prohibition - Concerns that a supplier might be seeking to ensure that sellers of its product set a resale price which is at or above the original price paid for the product (resale price maintenance) | Entertainment |
| Chapter I prohibition - Concerns that a supplier might be seeking to ensure that retailers of certain its products adhere to recommended retail prices or face being prevented from selling its products (resale price maintenance) | Clothing |
| Chapter I prohibition - Concerns that an online marketplace platform might be restricting the ability of wholesalers or retailers of selling certain products at lower prices on any competing channel. Such a restriction is known as a wide Most Favoured Nation clause | Online marketplace platform |
| Chapter I prohibition – Concerns that a supplier might have suggested that retailers were required to sell certain of its products at or above a minimum price, and that the retailers may have agreed with the supplier to fix its prices in this manner (resale price maintenance) | Light fittings |
| Chapter I prohibition – Concerns that a supplier might be seeking to ensure that online retailers of certain of its products adhere to and do sell below recommended retail prices online, or face being prevented from selling its products (resale price maintenance) | Sporting goods |
| Chapter I prohibition – Concerns that a supplier might be seeking to ensure that retailers of certain of its products adhere to recommended retail prices or face being prevented from selling its products (resale price maintenance) | Furniture |
| Chapter I prohibition – Concerns that a supplier might be seeking to ensure that retailers of certain of its products adhere to recommended retail prices or face being prevented from selling its products (resale price maintenance) | Gifts |
| Chapter I prohibition – Concerns that a supplier might be seeking to ensure that wholesalers/retailers of certain of its products adhere to recommended retail prices or face being prevented from selling its products (resale price maintenance) | Fashion |
2021
Total sent in 2021: 28
| Potential issue(s) | Market sector |
|---|---|
| Chapter I – Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) when selling online or face being prevented from selling its products | Eyewear |
| Chapter I – Supplier may be seeking to ensure that distributors do not sell certain of its products on the internet | Catering |
| Chapter I – Supplier may be seeking to ensure that retailers of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Party supplies |
| Chapter I – Supplier may be seeking to ensure that retailers of some of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | DIY supplies |
| Chapter I – Supplier may be seeking to ensure that retailers of some of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Outdoor sports equipment |
| Chapter I – Supplier may be seeking to ensure that retailers adhere to its minimum advertised price policy on certain products or risk being prevented from selling its products | Model kits |
| Chapter I – Supplier may be seeking to ensure that retailers of some of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Fashion |
| Chapter I - Supplier may be ensuring that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products. Supplier may also be ensuing that retailers do not sell its products on their own website or face a fine on the products sold | Cosmetics |
| Chapter I - Supplier may be seeking to ensure that online retailers its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Jewellery |
| Chapter I - Supplier may be seeking to ensure that online retailers its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | DIY supplies |
| Chapter I – Supplier seeking to ensure that online retailers of certain of its products adhere to minimum Recommended Retail Prices (RRPs) | Sports and outdoor clothing |
| Chapter I - Supplier may be seeking to ensure that wholesalers and/or retailers of certain products adhere to recommended retail prices (RRPs) | Modelling tools and materials |
| Chapter I - Supplier may be seeking to ensure that end-users of its products adhere to minimum recommended retail prices (RRPs) or face an increase in the supply price for the products | Cosmetic equipment |
| Chapter II – Supplier may be dominant in the relevant market and may be abusing its position by charging its customers an unreasonable fee for the transfer for data to a competing supplier | IT Software |
| Chapter I - Supplier may be seeking to ensure that retailers of certain of its products do not discount for more than a specified amount off the recommended retail prices (RRPs) or face being prevented from selling its products | Baby products |
| Chapter I - Supplier may be seeking to ensure that retailers of certain of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Audio products |
| Chapter I - Supplier may be seeking to ensure that retailers of certain of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Sports nutrition |
| Chapter I - Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products | Leisure Activities |
| Chapter I - Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products | Women’s underwear |
| Chapter I - Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products | Car alarms |
| Chapter I – Fitter may be engaging in an agreement with one of its suppliers to sell the supplier’s products at or above a particular price | Car alarms |
| Chapter I - Supplier may be seeking to ensure that retailers of certain of its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products | Pet food |
| Chapter I - Retailer may be engaging in an agreement with suppliers to sell the suppliers’ products at or above a particular price | Pet food |
2020
Total sent in 2020: 97
| Potential issue(s) | Market sector |
|---|---|
| Chapter I – Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) when selling online or face being prevented from selling its products | Electronic gadgets |
| Chapter I – Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products | Electrical fires |
| Chapter I – Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products. | Cosmetics |
| Chapter I – Supplier may be seeking to ensure that retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products. Also, the supplier may be imposing an internet sales ban of its products. | Beauty products |
| Chapter I – Retailer may be engaging in an agreement with the supplier that it will adhere to the supplier’s recommended retail prices. | Lighting supplies |
| Chapter I – Supplier may be seeking to ensure that distributors of some its products adhere to recommended retail prices (RRPs) or face being prevented from selling its products. | Lighting supplies |
| Chapter I – Supplier may be seeking to ensure that online retailers of its products adhere to minimum recommended retail prices (RRPs) or face being prevented from selling its products | Pharmaceutical goods |
| Chapter I – Supplier may be seeking to ensure that retailers of certain of its products adhere to and do sell below recommended retail prices (RRPs) online, or face being prevented from selling its products | Animal food |
| Chapter I – Supplier may be seeking to ensure that retailers of certain of its products adhere to and do sell below recommended retail prices (RRPs) online, or face being prevented from selling its products | Fishing equipment |
| Chapter I – Supplier may be seeking to ensure that retailers of certain of its products adhere to and do sell below recommended retail prices (RRPs) online, or face being prevented from selling its products. | Luggage manufacture |
| Chapter I – Supplier may be seeking to ensure that retailers of certain of its products adhere to and do sell below recommended retail prices (RRPs), or face being prevented from selling its products. | Web hosting services |
| Chapter I – Manufacturers and resellers may have been agreeing that resellers should not sell certain products below a specified price. The CMA wrote to over 80 manufacturers and resellers across the sector, warning them about their conduct. This included but was not limited to potential arrangements relevant to the following cases; Digital piano and digital keyboard sector: anti-competitive practices 50565-2, Guitars: anti-competitive practices 50565-3, Synthesizers and hi-tech equipment: anti-competitive practices 50565-4, Electronic drum sector: anti-competitive practices 50565-5, Digital pianos, digital keyboards and guitars: anti-competitive practices 50565-6. | Musical instruments |
2019
Total sent in 2019: 25
| Potential issue(s) | Market sector |
|---|---|
| Chapter I – resale price maintenance; supplier may be seeking to ensure that online retailers of its products adhere to recommended retail prices (RRPs) or risk being prevented from selling its products | Retail and wholesale - party supplies |
| Chapter I – resale price maintenance; supplier may be seeking to ensure that online retailers adhere to the supplier’s minimum advertised prices (MAP) on certain products or face being prevented from selling its products | Retail and wholesale - games and toys |
| Chapter I – resale price maintenance; supplier may be seeking to ensure that retailers do not sell its products online below RRPs or face being prevented from selling its products | Retail and wholesale - bridal wear |
| Chapter I – resale price maintenance; supplier may be seeking to ensure that online retailers of its products adhere to minimum RRPs or risk being prevented from selling its products | Retail and wholesale - wood finishing products |
| Chapter I – resale price maintenance; supplier may be stipulating as a condition of supply to retailers that retailers are not allowed to discount its products by selling below RRPs or face being prevented from selling its products. Supplier may also be imposing an absolute ban on the sale and/or advertising of its products on the internet. | Retail and wholesale - fashion supplier |
| Chapter I – resale price maintenance; supplier may be seeking to ensure that retailers do not sell its products online below RRPs or face being prevented from selling its products | Retail and wholesale - motorbike accessories |
| Chapter I – resale price maintenance; supplier may be seeking to ensure that retailers do not discounts its products by more than a certain about below RRPs | Retail and wholesale -bathroom products |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers are only allowed to discount its product online by a limited percentage below the RRP or face being prevented from selling its product. | Retail and wholesale -vehicle accessories |
| Chapter I – restricting competition; wholesaler seeking to prevent retailer from selling certain of its products on the internet | Retail and wholesale - light fittings |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers are only allowed to discount its products for a limited percentage below RRPs or face being prevented from selling its products | Retail and wholesale -personalised gifts |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers of its products adhere to its RRPs or risk being refused further supplies | Retail and wholesale -home furnishings |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers are only allowed to discount its products for a limited percentage below RRPs and only during certain times of the year, or face being prevented from selling its products | |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products adhere to its RRPs or risk being refused further supplies | Retail and wholesale - audio products |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products do not sell below the RRPs or face having their accounts closed | Retail and wholesale -footwear products |
| Chapter I – agreements or concerted practices among competing businesses to fix prices charged to customers | Retail and wholesale – cosmetic products and treatments |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers of its products adhere to its RRPs as a condition of supply | Retail and wholesale - animal supplements |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers adhere to its RRPs as a condition of supply | Retail and wholesale - safety workwear |
| Chapter I - supplier seeking to ensure that retailers adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale - sailing products |
| Chapter I – collusive tendering – party may have agreed with a competitor how much they would bid on a tender and shared confidential and commercially sensitive information | Residential care services |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers of its products adhere to its RRPs or risk being refused further supplies | Retail and wholesale - nutritional supplements |
2018
Total sent in 2018: 35
| Potential issue(s) | Market sector |
|---|---|
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products adhere to a maximum discount of its recommended retail prices (RRPs) or risk being refused further supplies | Retail and wholesale – artistic creations |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers of its products adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale – electronic cigarettes |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers adhere to its minimum advertised prices (MAP) or risk being prevented from selling its products | Retail and wholesale – audio equipment |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products adhere to its RRPs or risk being prevented from selling its products | IT solutions |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers adhere to its MAP policy or risk being prevented from selling its products | Retail and wholesale –clothes and accessories |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products adhere to a maximum discount of its RRPs or risk being refused further supplies | Retail and wholesale - soft furnishings |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers of its products adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale – slimming products |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale - ceramics |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers of its products adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale – mobility equipment |
| Chapter I – resale price maintenance; supplier restricting the price at which its products are sold online by retailers through the potential threat of supply withdrawal | Retail and wholesale – adult healthcare |
| Chapter I – trade body encouraging service providers to co-ordinate with each other to keep prices at a certain level, agree a fixed or minimum rate and share commercially sensitive information | Health services provider |
| Chapter I – supplier seeking to ensure that retailers of its products adhere to its Minimum Recommended Retail Prices (MRRP), or risk being prevented from selling its products | Retail and wholesale – bags and luggage |
| Chapter I – resale price maintenance; supplier seeking to ensure that online retailers adhere to its MAP or risk being prevented from selling its products | Retail and wholesale – hydroponic gardening |
| Chapter 1 – resale price maintenance; manufacturer/wholesaler seeking to ensure that online retailers of its products adhere to its RRPs or risk being prevented from selling its products. | Manufacture and wholesale – probiotic supplements |
| Chapter I – resale price maintenance – supplier seeking to ensure that online retailers of its products adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale – footwear accessories |
| Chapter I – resale price maintenance – supplier seeking to ensure that online retailers of its products adhere to its RRPs or risk being prevented from selling its products | Retail and wholesale - women’s underwear |
| Chapter I – resale price restrictions – supplier suspected of ensuring that online retailers of its products do not advertise them below its RRPs | Retail and Wholesale - domestic lighting |
| Chapter I – resale price maintenance – supplier suspected of ensuring that online retailers of its products do not advertise them below its RRPs. | Retail and Wholesale – traffic management products |
| Chapter I – resale price maintenance; airport land lease agreement with hotel includes provision that the hotel’s car park may not charge less that the airport’s own car park (see case page) | Transport sector - facilities at airports |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers do not offer its products for sale below its recommended retail prices | Retail and Wholesale –optical products |
| Chapter I – resale price maintenance; supplier seeking to ensure that retailers do not advertise products for sale at prices below its MAP | Retail and wholesale - vacuum drinking vessels |
| Chapter I - resale price maintenance; supplier seeking to ensure that retailers do not advertise certain products online at below its minimum advertised pricing policy through the potential threat to retailers of being prevented to sell its products | Retail and wholesale – printer products |
| Chapter I – supplier seeking to ensure that retailers do not advertise its products for sale online at prices below its RRPs as a condition of it supplying such products to retailers | Retail and wholesale – soft toys |