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Urteil des EU-Gerichtshofs in der Rechtssache C‑680/20 Unilever Italia Mkt. Operations
19 January 2023
Donnerstag, 19. Januar 2023
Urteil des Gerichtshofs in der Rechtssache C‑680/20 Unilever Italia Mkt. Operations
Missbrauch marktbeherrschender Stellung bei abgepacktem Speiseeis
Unilever Italia Mkt. Operations, die unter anderem Speiseeis unter den Marken Algida und Carte d‘Or vertreibt, beanstandet vor den italienischen Gerichten einen Bescheid der italienischen Wettbewerbsbehörde, mit dem ihr eine Geldbuße von über 60 Millionen Euro wegen Missbrauchs einer beherrschenden Stellung beim Vertrieb und der Vermarktung von abgepacktem Speiseeis an Wiederverkäufer auferlegt wurde.
Dem Bescheid liegt eine Beschwerde des Konkurrenten La Bomba zugrunde, wonach Unilever die Betreiber von Badeanstalten und Bars aufgefordert habe, zusammen mit ihren eigenen Produkten nicht auch Eis am Stiel der Marke La Bomba zu vertreiben, und ihnen dabei gedroht habe, die vereinbarten Rabatte nicht mehr zu gewähren oder die Verkaufsvereinbarungen zu kündigen, und außerdem Strafzahlungen zu verlangen.
Der italienische Staatsrat hat den Gerichtshof in diesem Zusammenhang um Präzisierung des unionsrechtlichen Verbots des Missbrauchs einer marktbeherrschenden Stellung ersucht.
Zum einen geht es um die Kriterien für das Vorliegen einer einzigen wirtschaftlichen Einheit. Zum anderen geht es um die Frage, ob angenommen werden kann, dass Ausschließlichkeitsklauseln in Vertriebsverträgen von Natur aus geeignet sind, den Wettbewerb zu beschränken, ohne dass dies im Einzelfall anhand des Kriteriums des ebenso effizienten Wettbewerbers dargetan werden müsste.
Generalanwalt Rantos hat seine Schlussanträge am 14. Juli 2022 vorgelegt.
Details
- Date:
- 19 January 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑680/20 Unilever Italia Mkt. Operations
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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