The German Federal Cartel Office finds a supplier guilty of abusing its dominant position under Art. 82 EC by preventing customers from freely refilling from competing suppliers (Soda Club)

German Federal Cartel Office finds Soda Club guilty of Article 82 Abuse In a decision of 9 February 2006, the German Federal Cartel Office (“FCO”) found that Soda Club (“SC”), a producer of water carbonating systems, had violated Article 82 EC and section 19 of the Act against Restraints of Competition (“ARC”) by preventing customers from having their CO2 cylinders for its systems refilled by competing suppliers. The FCO has set out a series of measures in order to counteract the foreclosing effect that SC's behaviour has had on the market, including requiring that other suppliers be allowed to refill SC's cylinders. I. Market Background SC produces and distributes carbonating machines, which are used to convert tap water into carbonated water in consumers' homes. Its main competitor,

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Authors

  • Freshfields Bruckhaus Deringer (Berlin)
  • Freshfields Bruckhaus Deringer (Berlin)

Quotation

Helmut Bergmann, Frank Röhling, The German Federal Cartel Office finds a supplier guilty of abusing its dominant position under Art. 82 EC by preventing customers from freely refilling from competing suppliers (Soda Club), 9 February 2006, e-Competitions Bulletin February 2006, Art. N° 525

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