The German federal Court of justice recalls that norm and type agreements must be open to all potential members on a non-discriminatory basis (PETCYCLE)

Germany introduced a legal requirement for drink manufacturers to collect and recycle the bottles which they sold. The distributors are obliged to collect used bottles from the end users and return a deposit. Drink manufacturers, distributors and recyclers using bottles made of Polyethylene Terephthalate signed an agreement to create an environmentally friendly system the aim of which is to collect and recycle used bottles. This agreement received an exemption from German antitrust law. Summary of the case The plaintiff is a company operating a nationwide empty bottle collection business. It collects empty bottles from drink manufacturers and sorts them. The sorted bottles are returned to recyclers. The defendant operates a recycling system for PET (Polyethylene Terephthalate)

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  • DG COMP (Brussels)

Quotation

Michal Mottl, The German federal Court of justice recalls that norm and type agreements must be open to all potential members on a non-discriminatory basis (PETCYCLE), 6 March 2007, e-Competitions March 2007, Art. N° 14001

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