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Tetra Pak v. Commission
European Union Court of Justice
1996 E.C.R. I-5951 (1996)
Tetra Pak (defendant) was a company specializing in equipment for liquid packaging, including aseptic and nonaseptic packaging techniques. Tetra Pak held a 90 to 95 percent dominant position in the market for aseptic packaging, which required more sophisticated techniques than nonaseptic packaging, in which it held a 50 to 55 percent market share. Customers overlapped between the two markets. One of Tetra Pak’s competitors filed a complaint with the European Commission (the commission) (plaintiff), alleging that Tetra Pak had engaged in trading practices in violation of Article 102 of the Treaty on the Functioning of the European Union (TFEU), including by selling its cartons at predatory prices in both markets. The commission agreed that Tetra Pak had infringed Article 102 of the TFEU in both the aseptic and nonaseptic markets. Tetra Pak appealed, and the general court upheld the commission’s findings. Tetra Pak appealed again, arguing that its prices in the nonaseptic market did not fall within the purview of Article 102 of the TFEU because Tetra Pak did not hold a dominant position in the nonaseptic market, nor was its conduct in the nonaseptic market intended to reinforce its position in the aseptic market in which it did hold market power.
Rule of Law
Holding and Reasoning
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