European Commission 24 July 1991, 92/163/EEC: Commission Decision of 24 July 1991 relating to a proceeding pursuant to Article 86 of the EEC Treaty (IV/31043 - Tetra Pak II) (Only the English and French texts are authentic)

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The Commission of the European Communities held that Tetra Pak infringed Article 86 of the EEC Treaty by abusing its dominant position on the aseptic food packaging markets and leveraging that dominance across neighbouring, associated non-aseptic carton and machine markets. The unlawful practices included imposing restrictive and tying contractual clauses on users, implementing discriminatory and predatory pricing schemes to eliminate competitors, and engaging in exclusionary practices to obstruct rival technology and market access. Consequently, the Commission ordered Tetra Pak to terminate the infringements, amend its contractual and commercial terms, submit periodic compliance reports, and pay a fine of ECU 75 000 000.AI