Tomra — The Latest EU Judgment On Rebate Schemes

Law360, New York (April 25, 2012, 4:07 PM EDT) -- On April 19, 2012, the Court of Justice of the European Union issued an important judgment on rebate schemes in the EU. It rejected an appeal by Tomra Systems ASA against a judgment of the General Court that upheld the European Commission's decision that it had abused a dominant position through the use of contracts that included exclusivity provisions, quantity commitments and retroactive rebates.

The judgment confirms that the European courts apply a near per se prohibition of rebate schemes applied by dominant firms that are...
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