Tomra, a reverse vending machine (RVM) manufacturer, has indicated that it will continue to challenge the Commission’s 2006 decision, which imposes liability on Tomra for a €24 million fine in relation to abuse of dominance in the European RVM market. As reported in our August and September bulletin, the General Court upheld the Commission’s decision against Tomra and rejected all of Tomra’s points of appeal, thereby endorsing the Commission’s approach to the selection and analysis of evidence in abuse of dominance cases, which had become more centred on in-depth economic analysis at the time of the Tomra investigation.

The appeal will give the ECJ an opportunity to review the EU rules regarding exclusivity agreements between distributors and dominant suppliers and during the appeal the ECJ may also revisit the approach taken by the General Court in scrutinising the Commission’s economic theories, analysis and conclusions.

22 November 2010