CASE COMMENTS : UNILATERAL PRACTICES - ABUSE OF A DOMINANT POSITION - EXCLUSIONARY STRATEGY - EXCLUSIVE PURCHASING AGREEMENT - FIDELITY REBATES - PER SE APPROACH - MINIMAL EFFICIENT SCALE

Exclusivity - Fidelity rebates : The General Court of the European Union upholds the Commission decision imposing a fine of 24 millions euros on producer of reverse vending machines, for excluding its rivals by means of exclusive purchase agreement and fidelity rebates (Tomra Systems e.a.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Tomra is a manufacturer of machines installed in supermarkets, which recognise beverage packaging by its shape, barcode or other features and calculate the amount of deposit to be refunded to customers. The Tomra Group distributes these machines in Europe via national distribution subsidiaries. Following a complaint from a competitor, the Commission investigated and then fined the Tomra group €24 million for abusing its dominant position on five national markets (Germany, Austria, the Netherlands, Sweden and Norway). The alleged abuse consisted of a strategy of exclusion of competitors implemented by means of exclusivity agreements and loyalty rebates with

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  • Catholic University of Louvain

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Anne-Lise Sibony, Exclusivity - Fidelity rebates : The General Court of the European Union upholds the Commission decision imposing a fine of 24 millions euros on producer of reverse vending machines, for excluding its rivals by means of exclusive purchase agreement and fidelity rebates (Tomra Systems e.a.), 9 September 2010, Concurrences N° 4-2010, Art. N° 33187, pp. 123-125

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