The Hamburg Regional Court denies an injunction and rules there is no obligation to supply in a case concerning a major soft drinks manufacturer (EDEKA / Coca-Cola)

Antitrust law may restrict price increases if the preconditions of a pricing abuse are met. However, decision practice on this topic is scarce. Therefore, EDEKA’s petition for a preliminary injuction filed against Coca-Cola claiming a pricing abuse and demanding supply at lower prices has received widespread attention. Now the Regional Court of Hamburg has ruled on the petition. We summarize the decision and provide key take-aways for the practice. There is nothing new about fierce negotiations between manufacturers and retailers. But the current developments have made the situation even tougher. Manufacturers are facing inflation and significant cost increases for raw materials, energy and transportation and are calling for higher prices. Retailers see their margins under threat and are