The EU Commission has today concluded that TOMRA
in the period 1998 to 2002 foreclosed competition
on the market for reverse vending machines in
Austria, Germany, the Netherlands, Norway and
Sweden by implementing an exclusionary strategy.
Consequently, the Commission has decided to fine
TOMRA EUR 24 million. In addition TOMRA has been
required to bring to and end all agreements
involving exclusivity and/or loyalty commitments.
This was already implemented several years ago.
In September 2004, TOMRA received the EU
Commission`s Statement of Objections relating to
the EU Commission investigation in 2001. TOMRA
filed its written response to the Statement of
Objections in November 2004. In this response
TOMRA rejected the Commission`s arguments. Prior
to the reception of the Commission`s Statement of
Objections, TOMRA had also taken several actions
to avoid potential future objections, i.e.,
through the implementation of a `Compliance
Program`. Therefore, regardless of the
requirements that have been set forth by the
Commission in today`s decision, TOMRA today
operates in accordance with current laws, rules
and practices.
The company`s Board of Directors will evaluate
and assess how to respond to the fine. If
necessary, TOMRA is entitled to appeal the
decision of the Commission to the European Court
of Justice (Court of First Instance) within 2
months. Whether TOMRA will accept or appeal the
decision will be communicated at a later point in
time.
Questions related to this matter can be directed
to President & CEO Amund Skarholt, phone number
+47 97 55 94 25.
Asker, 29 March 2006
Tomra Systems ASA