Judgment of the General Court of 9 September 2010 - Tomra Systems and Others v Commission
(Competition - Abuse of dominant position - Market for machines for the collection of used beverage containers - Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement - Exclusivity agreements, quantity commitments and loyalty rebates forming part of a strategy of excluding competitors from the market - Fine - Proportionality)
Language of the case: English
Parties
Applicants: Tomra Systems ASA (Asker, Norway); Tomra Europe AS (Asker); Tomra Systems GmbH (Hilden, Germany); Tomra Systems BV (Apeldoorn, Netherlands); Tomra Leergutsysteme GmbH (Vienna, Austria); Tomra Systems AB (Sollentuna, Sweden); and Tomra Butikksystemer AS (Asker) (represented by: initially, A. Ryan, Solicitor, and J. Midthjell, lawyer, and, subsequently, by A. Ryan and N. Frey, Solicitors)
Defendant: European Commission (represented by: É. Gippini Fournier, acting as Agent)
Re:
Application for annulment of Commission Decision C(2006) 734 final of 29 March 2006 relating to proceedings under Article 82 [EC] and Article 54 of the EEA Agreement (Case COMP/E 1/38.113 - Prokent Tomra)
Operative part of the judgment
The Court:
Dismisses the action;
Orders Tomra Systems ASA, Tomra Europe AS, Tomra Systems GmbH, Tomra Systems BV, Tomra Leergutsysteme GmbH, Tomra Systems AB and Tomra Butikksystemer AS to bear their own costs and to pay those incurred by the European Commission.
____________1 - OJ C 190, 12.8.2006.