The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)

Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for recycling, had been found guilty of abusive conduct under Article 102 TFEU. The abusive practices consisted in a system of exclusivity agreements, quantity commitments and last but not least individualised retroactive rebate schemes. The Commission slapped a €24 millions on Tomra. Albeit small in nominal value as compared to other cases, this represents the largest fine ever in turnover proportion, in an Article 102 TFEU case. This is clearly significant, given that Tomra is only the 57th largest company

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  • Liege Competition and Innovation Institute

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Nicolas Petit, The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra), 9 September 2010, e-Competitions Bulletin September 2010, Art. N° 36404

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