General Court’s judgment in Tomra endorses the Commission’s methods of analysis in abuse of dominance investigations

On 9 September the General Court upheld the Commission’s decision of 26 March 2006 against Tomra, a dominant supplier in the Reverse Vending Machine market. Rejecting all of Tomra’s points of appeal, the General Court endorsed the Commission’s approach to the selection and analysis of evidence in abuse of dominance cases.

The judgment also confirms the case law on rebates and exclusivity requirements cases and that, for the purposes of establishing an abuse of a dominant position, actual effects of the conduct on the market need not be proven. Tomra has stated that it is considering bringing an appeal against the Court’s judgment, which it must do within two months from the date of the judgment.