[Flash] [Know your rights!]

A €337.5 million fine for Mondelez International Inc. for restricting cross-border trade in products including chocolate and biscuits (Milka, Toblerone, Côte d’Or, Tuc, Lu and Oreo) between Member States: solid grounds for a damages claim by any company that considers itself harmed.

Following an investigation opened in 2021, the European Commission has fined Mondelez for taking part in anticompetitive agreements or concerted practices and abusing its dominant position in certain national markets, in breach of Articles 101 and 102 TFEU, by:

  • limiting the territories or customers to whom Mondelez products could be resold;
  • preventing exclusive distributors in certain Member States from responding to sales requests from customers in other Member States without Mondelez’s prior authorisation;
  • refusing to supply a broker in Germany to stop it reselling chocolate bars in Member States where prices were higher;
  • halting supplies of chocolate bars in the Netherlands to prevent their import into Belgium, where Mondelez sold its products at a higher price.

Mondelez cooperated with the Commission to obtain a reduced fine and expressly acknowledged liability.

This is not the first time the European Commission has sanctioned anticompetitive practices in the food sector. In May 2019, the Belgian-Brazilian brewer AB InBev, the world leader in its sector, was fined €200 million for similar infringements.

Once final, the Commission’s decision is proof that the practices existed and were unlawful, which greatly helps any damages claims that companies harmed by such practices may consider bringing, ideally preceded by an attempt at settlement, as is generally recommended.

In this context, individuals and/or companies will need to assess their recoverable loss before taking any formal step. Alongside lawyers experienced in competition damages claims, the support of competition economists is highly recommended to quantify the recoverable loss.

Serving our clients in a personal, reasonable and innovative way – Emmanuel Tricot and Gaël Peyneau, founders of the firm.

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