The Higher Regional Court of Düsseldorf confirms immediate enforceability of national decisions based on Art. 82 EC (Soda-Club)

Higher Regional Court of Düsseldorf (Oberlandesgericht Düsseldorf), Germany, 12 April 2006, “Soda-Club”, Case n° VI-Kart 5/06 (V) (not officially published yet) Background In a decision dated February 9th, 2006, the German Federal Cartel Office (Bundeskartellamt, or “FCO”) found that Soda-Club GmbH, Wiesbaden (“Soda-Club“) had abused its dominant market position pursuant to Section 19 of the German Act on Restraints of Competition (Gesetz gegen Wettbewerbsbeschraenkungen, or “GWB”) and Art. 82 EC. The FCO ruled that Soda-Club could not prevent competing suppliers from refilling CO² cartridges for water carbonating machines by claiming Soda-Club owned the cartridges. The FCO also required Soda-Club to attach

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Ken Mueller-Tautphaeus, The Higher Regional Court of Düsseldorf confirms immediate enforceability of national decisions based on Art. 82 EC (Soda-Club), 12 April 2006, e-Competitions Bulletin April 2006, Art. N° 1131

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