TOMRA - DECISION IN EU COMMISSION'S CASE AGAINST TOMRA
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