Europese Commissie legt toezeggingen Coca-Cola voor openen markt wettelijk vast (en)

The European Commission has adopted a decision under EC Treaty competition rules that renders commitments from Coca-Cola concerning carbonated soft drinks legally binding. These commitments, which will remain in force until 31 December 2010, will increase consumer choice in shops and pubs by, for example, preventing Coca-Cola from entering into exclusive agreements with shops and pubs, offering them target or growth rebates or forcing them to take less popular products with its stronger brands.

Competition Commissioner Neelie Kroes i commented: "This decision will benefit consumers by improving competition in the markets for carbonated soft drinks in Europe. Thanks to the Commission's decision, consumers will be able to choose from a larger range of fizzy drinks at competitive prices."

The commitments offered by The Coca-Cola Company and three major bottlers (Coca-Cola) relate to carbonated soft drinks (CSDs) and provide:

- No more exclusivity arrangements. At all times, Coca-Cola customers will remain free to buy and sell carbonated soft drinks from any supplier of their choice. Where large, private sector customers or public authorities organise a competitive tender for their supplies and Coca-Cola provides the best offer, it can be the only CSD supplier.

- No target or growth rebates. Coca-Cola will no longer offer any rebates that reward its customers purely for purchasing the same amount or more of Coca-Cola's products than in the past. This should make it easier for Coca-Cola's customers to purchase from other CSD suppliers if they so wish.

- No use of Coca-Cola's strongest brands to sell less popular products. Coca-Cola will not require that a customer that only wants to buy one or more of its best-selling brands (e.g. regular Coke or Fanta Orange) also has to purchase other Coca-Cola products such as its Sprite or its Vanilla Coke. Similarly, Coca-Cola will no longer offer a rebate to its customers if the customer commits to buy these other products together with its best-selling products or to reserve shelf space for the entire group of products.

- 20% of free space in Coca-Cola's coolers. Where Coca-Cola provides a free cooler to a retailer and there is no other chilled beverage capacity in the outlet to which the consumer has a direct access and which is suitable for competing CSDs, the outlet operator will be free to use at least 20% of the cooler provided by Coca-Cola for any product of its choosing.

The Commission's commitment decision covers the EU, Iceland and Norway and will be binding upon Coca-Cola until 31 December 2010. During this period, the commitments will be applicable in those countries where Coca-Cola has a particularly strong market position. Each year, a list of countries where the commitments apply will be published on the Commission's and Coca-Cola's websites.

The Commission could impose a fine amounting to 10% of Coca-Cola's total worldwide turnover if Coca-Cola breaks its commitments.

The Commission decision, based on Article 9 of the procedural Regulation (1/2003) for the implementation of EC Treaty competition rules, takes into account the result of consultations on the commitments offered by Coca Cola (see IP/04/1247).