69 ONLINE SALES Lego commits to modifying its online distribution policy In 2019, toys were the third most ordered product online in France, behind fashion and cultural products*. In this case, the building toy company Lego France offered commitments to change its pricing policy, which may have been discriminatory towards online retailers. A PRICING POLICY DETRIMENTAL TO PURE PLAYERS At the end of 2013, Lego revised its distribu-COMMITMENTS MADE The Autorité considered that these commit- tor pricing policy. It decided to increase the BINDING ments met its competition concerns and price of all of its products by 15% and, at theIn order to address these competition therefore made them binding and closed the same time, establish a system of “functio- concerns, Lego France proposed several procedure pending before it. The Autorité nal discounts” of up to 13.044%, which was commitments, which, following a market will be particularly vigilant in monitoring the likely to compensate this price increase fortest, were substantially modified. implementation of the commitments and those benefiting from the system. will receive an annual report from Lego to However, there was a significant diffe- Lego France committed, for a period verify their implementation. rence in the discount applied (of up to 7 of five years, to: to 9 percentage points depending on the • redefine the discount award criteria Decision 21-D-02 of 27 January 2021 period) to operators that only sold Lego pro-by making them more accessible to all ducts on-line compared to the other types distributors, including to any small *according to the French Federation of E-Commerce and Distance Selling (FEVAD) of distributors selling via stores. This discre-stores wishing to develop their online pancy in the discount awarded was linked presence or their delivery service; primarily to the fact that certain discount • make its discount system and time- award criteria excluded de facto operators table more transparent for its clients. R that were active solely over the Internet. COMPLIANCE: By redefining the award criteria for its “func- ADVICE TO This situation prompted Cdiscount and EMC tional discount” in such a way that they are UNDERTAKINGS Distribution (the reference listing centre achievable and proportionate to its objec- Manufacturers must of the Casino group) to refer the matter tives and by improving the transparency be vigilant, in the to the Autorité, which expressed competi- of its discount system, Lego guarantees distribution of their tion concerns about this discount system. accessibility to this discount for all distri- products, not to slow It was considered that this system could butors, whether they are large distribution down or penalise online constitute a price differentiation that waschains, pure players or small specialist sales, either directly or indirectly, through likely to handicap operators that only sellstores. Consumers will thus be in a position the sales conditions or over the Internet and thereby reduce the to enable competition between the diffe- the clauses governing competitive pressure exerted by the pure rent players. distribution. players on the other sellers. T ACTIVATING TRANSFORMATION I N S H O