Hochzeitsrabatte I (Wedding rebates I), Federal Cartel Office v Edeka Zentrale AG & Co KG, Final order, Case KVR 3/17, ECLI:DE:BGH:2018:230118BKVR3.17.0, OCL 229 (DE 2018), 23rd January 2018, Germany; Federal Court of Justice [BGH]
Whether a prohibited request to grant advantages within the meaning of Section 19(2) No 5 Act against Restraints of Competition (‘GWB’) denoted an advantage in comparison to a dominant undertaking’s competitors.
Whether the absence of an exploitation of market power was a defence against the finding of an abuse within the meaning of Section 19 No 5 GWB.
To what extent requests for the grant of advantages within the meaning of Section 19 (2) No 5 GWB could be deemed objectively justified and reasonable.
To what extent a unilateral demand from an undertaking to invest in modernising its branches without secure consideration amounted to an abuse under Section 19 (2) No 5 GWB.