Tomra Systems ASA and Others v European Commission (C-549/10 P)

Judgment of 19 Apr 2012

law://eu/cjeu/2010/c-549-10/para_70@2026-11-13

70In the event that an undertaking in a dominant position makes use of a system of rebates, the Court has ruled that that undertaking abuses that position where, without tying the purchasers by a formal obligation, it applies, either under the terms of agreements concluded with these purchasers or unilaterally, a system of loyalty rebates, that is to say, discounts conditional on the customer’s obtaining — whether the quantity of its purchases is large or small — all or most of its requirements from the undertaking in a dominant position (see Case 85/76 Hoffman-La Roche [1979] ECR 461, paragraph 89, and Case 322/81 Nederlandsche Banden-Industrie-Michelin v Commission [1983] ECR 3461, paragraph 71).

Tomra Systems ASA and Others v European Commission (C-549/10 P)

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