Fine imposed on SodaStream for abusive practices

The Bundeskartellamt has imposed a fine of 225,000 euros against SodaStream GmbH, Limburg an der Lahn, on account of abusive practices.

Due to the dominant position held by SodaStream (formerly Soda Club) other companies must also be given the possibility to refill the CO2 cartridges of the soda makers sold by SodaStream. The Bundeskartellamt's decision to this effect, which was ultimately confirmed by the Federal Court of Justice, had already been issued in 2006 (see press release of 13 April 2006).

Andreas Mundt, President of the Bundeskartellamt: "Following the 2008 decision of the Federal Court of Justice, SodaStream modified its distribution concept. However, the company's warning and safety instructions as well as disclaimers of warranties still gave customers and business partners the impression that SodaStream was exclusively entitled to refill the cartridges. This is why we again initiated proceedings against the company."

For example, SodaStream pointed out that empty cartridges should be returned to the company itself or its authorised dealers. In one note the company stated that unauthorised refilling could be illegal.
SodaStream cooperated with the Bundeskartellamt in the proceedings. In a binding commitment the company has undertaken to correct the texts objected to by the authority. Furthermore, during the next three years SodaStream will attach a label to its CO2 cartridges stating that they can also be refilled by other companies that comply with the legal provisions.

The decision is not yet final. It can be appealed to the Düsseldorf Higher Regional Court.