Hoffmann-La Roche v. Commission

1979 E.C.R. 461 (1979)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
H
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Hoffmann-La Roche v. Commission

European Union Court of Justice
1979 E.C.R. 461 (1979)

KL

Facts

Hoffmann-La Roche (Roche) (defendant) entered into agreements with 22 wholesale purchasers of its vitamins, paying a rebate to purchasers who bought all or most of their requirements from Roche, known as a fidelity rebate. The rebate amount varied by wholesaler. Some purchase agreements provided for a fixed-rate fidelity rebate, regardless of the number of products purchased, as long as the purchasers met most or all of their annual requirements from Roche. Other agreements provided for progressive-rate rebates, increasing the discount as purchasers bought higher percentages of their annual requirements from Roche. The European Commission (the commission) (plaintiff) found that Roche had abused its dominance in violation of Article 102 of the Treaty on the Functioning of the European Union (TFEU) because both types of fidelity rebates restricted purchasers’ abilities to buy from other suppliers and prevented other suppliers from working with Roche’s customers. Roche appealed, arguing that the discounts were akin to permissible quantity rebates.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Antitrust

Key Terms