18 April 2014
Deals | France - Competition & IP | Gide and De Brauw Blackstone Westbroek advise D.E Master Blenders 1753 on the complaint filed against Nestlé / Nespresso before the French Competition Authority for abuse of dominant position
In December 2010, D.E Master Blenders 1753 (DEMB, formerly Sara Lee), owner of French coffee brands L’Or and Maison du Café, filed a complaint against Nestlé and its subsidiary Nespresso before the French Competition Authority for abuse of dominant position on the pump portioned espresso machine market and the market for capsules compatible with Nespresso coffee machines.
The complaint aims to put an end to Nestlé’s foreclosure strategy on the market of capsules compatible with Nespresso coffee machines, which involved a series of abuses concerning in particular numerous technical modifications and technical tying.
The complaint has led the French Competition Authority to identify competition concerns and the commitments proposed by Nestlé / Nespresso on 17 April have been submitted to answer these concerns. The procedure will continue until the FCA reaches its final decision.
De Brauw Blackstone Westbroek in Amsterdam and Gide in Paris advised D.E Master Blenders 1753, with a team comprising Gertjan Kuipers, partner, Bart de Rijke and Astrid Janssen, associates, on competition and patents aspects (De Brauw Blackstone Westbroek) in Amsterdam, Yann Utzschneider, partner, and François Doridou, associate, on competition aspects, Grégoire Triet and Raphaëlle Dequiré-Portier, partners, Julie Pailhès and Elise Malot, associates, on patents aspects (Gide) in Paris.