The EU General Court confirms fine imposed by the Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)

On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the Netherlands and Norway on the market for reverse-vending machines (RVM) used to collect used beverage containers. The judgment, which continues the Court’s deferential approach in Article 102 cases, confirms established case law and rejects the need to consider actual effects in the context of exclusive agreements and loyalty-based rebates. The Commission’s Decision In its decision of March 29, 2006 (case COMP/E-1/38.113 - Prokent-Tomra), the Commission found that Tomra had infringed Article 82