Tomra remain naughty Norwegians, according to the ECJ

Tomra remain naughty Norwegians, according to the ECJ

The Tomra Group has failed to have a European Commission-imposed fine overturned.

The Norwegian company, which produces high-end automatic can and bottle recovery machines for recycling programmes, was hit with a EUR24m (US$31m) fine for anti-competitive behaviour back in 2006. Tomra was penalised by the EC for illegally pushing competitors out of the market for its equipment in Germany, the Netherlands, Austria, Sweden and Norway from 1998 to 2002.

This happened, the EC said, through “exclusivity agreements, individualised quantity commitments and individualised retroactive rebate schemes, thus foreclosing competition.”

The Commission fined Tomra, because it believed it had a “dominant position” in these markets.

Tomra had asked the European Court of Justice to reduce or annul the fine, but the ECJ refused the request, documents released last week show. Its ruling said a company “in a dominant position” cannot “tie purchasers”.