On the substance, the Commission considers that the failure of the judgment under appeal to ascercercer ascer ascer ascercer ascers whether the prices charged by the Tomra group were lower than its long-term average ancillary costs did not affect the General Court`s conclusion that Tomra`s analysis of the unfairness of the rebates applied by Tomra was well founded. Beaulieu is one of the great ladies of California wine production – they produce world-class wines before most of us were born. And these people know how to make Cabernet wines – their $100+ George LaTour line of wines always gets great reviews. In the past, they sold their Rutherford beginner taxi wines at Costco, along with their tapestry wine at a medium price. In the first place, Tomra considers that the General Court did not examine and did not sufficiently justify whether all the agreements in which Tomra was classified as a `main or main supplier` by the parties and considered by the Commission to be exclusive agreements concerned the exclusive acquisition of Tomra`s supplies. After hearing the Opinion of the Advocate General at the sitting on 2 February 2012, the Commission delivered [the contested decision] on 29 March 2006. In that decision, it found that [Tomra] against Article 82 EC and Article 54 of the EEA Agreement [of the Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. (3) between 1998 and 2002 by implementing an exclusion strategy on the national MRV markets in Germany, the Netherlands, Austria, Sweden and Norway, which includes exclusivity agreements, individualised quantity obligations and individualised retroactive rebate schemes, thus eliminating competition on the markets. The applicants` argument that the Commission`s Guidelines (see paragraph 52 of the present judgment) provide for a comparative analysis of prices and costs cannot invalidate that conclusion. As the Advocate General stated in point 37 of his Opinion, the guide to the legal assessment of a decision such as the contested decision, delivered in 2006, published in 2009, is not relevant. Like the Tribunal de Rn. 258 of the judgment under appeal, the third part of the second and fourth pleas in law of the first action was based on an erroneous premisse.
The fact that retroactive rebate schemes oblige competitors to charge negative prices from Tomra`s customers who benefit from rebates cannot be regarded as one of the fundamental bases of the contested decision for demonstrating that retroactive rebate schemes may have anti-competitive effects. Furthermore, in Case 259 of the judgment under appeal, the General Court correctly stated that a number of other considerations concerning the retroactive discounts granted by Tomra supported the contested decision as regards its conclusion that those types of practices were such as to exclude competitors in breach of Article 102 TFEU. . . .