{
  "url": "https://openlegislation.uk/eu-decision-2005-590/division-1/4/2",
  "json_url": "https://openlegislation.uk/eu-decision-2005-590/division-1/4/2.json",
  "legislation": "eudn/2005/590",
  "legislation_title": "Commission Decision of 30 October 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-2/37.784 — Fine art auction houses) (Notified under document number C(2002) 4283 final and corrigenda C(2002) 4283/7 and C(2002) 4283/8) (Only the English text is authentic) (Text with EEA relevance) (2005/590/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2005-590",
  "path": "division/1/4/2",
  "kind": "division",
  "number": "(9)",
  "heading": "In more detail, the agreement and/or concerted practices between Christie’s and Sotheby’s contained the following elements:",
  "text": "(a) Regarding the vendors:\nagreeing to introduce a new ‘sliding scale’ for the vendor's commission,\nagreeing to the terms applicable to the scale, including making the scale non-negotiable, that is, to allow no exceptions (save as agreed) to the scale,\nagreeing the modalities, as well as the timing of its introduction,\nagreeing to monitor the adherence to the scale by exchanging lists of the permitted exceptions in order to monitor the implementation of the agreement and to deter and discuss any deviations,\nagreeing not to give vendors at auction guarantees as to the minimum price,\nagreeing on a formula for the sharing with vendors of the ‘upside’ benefit where goods are sold more than the guaranteed price,\nagreeing to make no advances to vendors on single lots,\nagreeing and/or concerting on the terms and conditions of advances for particular auction sales,\nagreeing the minimum interest rate for loans,\nagreeing to limit the commission paid to trade vendors/dealers and to restrict the practice of providing insurance for trade vendors,\nagreeing on limiting the payment of introductory commission (to 1 % of the buyer's premium in cases where there was no vendor's commission).\n(b) Regarding the buyers:\nagreeing to limit credit terms to trade buyers to 90 days.\n(c) Other elements:\nagreeing to limit their marketing efforts (avoiding claims/statements regarding market share or claiming ‘leadership’ in the art market or in a particular segment).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "A sliding scale means that the percentage that is charged to sellers as a commission on the sale is changed at certain thresholds. In practice, the higher the price obtained for a consignment, the lower the percentage that a seller has to pay."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2005/590/division/1/4/2",
    "retrieved_at": "2026-11-01T15:17:50.666328+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}