The German Federal Court of Justice confirms decision on infringement of Article 82 EC by a manufacturer of home soda makers (Soda Club II)

Background In February 2006, the German Federal Cartel Office (FCO) found that Soda Club, a manufacturer of home soda makers, had abused its dominant position by requiring customers and dealers to have the carbon dioxide cartridges used in the soda makers refilled solely by Soda Club. The soda makers produced and distributed by Soda Club are used to convert tap water into sparkling water and other carbonated soft drinks at home. The main “consumable” in the soda maker is the carbon dioxide cartridge, which Soda Club distributes together with its soda makers. According to a “deposit system” employed by Soda Club, Soda Club required both its dealers and customers to return to and have refilled empty

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  • Blomstein (Berlin)

Quotation

Max Klasse, The German Federal Court of Justice confirms decision on infringement of Article 82 EC by a manufacturer of home soda makers (Soda Club II), 4 March 2008, e-Competitions March 2008, Art. N° 17575

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