Exclusive supply agreements – Fidelity rebates: The Court of Justice of the European Union rules that intent is relevant for the purposes of assessing abusive conduct (Tomra)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 19 April 2012, Tomra and Others v Commission, Case C-549/10 P The Court's Tomra judgment is in line with the case-law on abuse: the appeal against the judgment of the Court of First Instance is dismissed, definitively validating a decision by which the Commission had condemned the Tomra group in 2006 for having practised fidelity rebates and thus consolidated the dominant position which it held in several European countries on the market for automatic reverse vending machines (reverse vending machines) by a strategy not based on competition on the merits. The Tomra decision is in line with the case law on loyalty rebates. Since the Michelin I