Case C- 56/12 EFIM v Commission (complaint regarding 'aftermarket' exploitation) [Archived]

Copyright © 2025 LexisNexis

Published by a LexisNexis Competition expert

Practice notes

Case C- 56/12 EFIM v Commission (complaint regarding 'aftermarket' exploitation) [Archived]

Copyright © 2025 LexisNexis

Published by a LexisNexis Competition expert

Practice notes

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CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 19 September 2013; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline	Appeal brought by the European Federation of Ink and Ink Cartridge Manufacturers (EFIM) against the General Court judgment upholding the Commission decision of 20 May 2009 rejecting EFIM's complaint concerning alleged infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges. This case focuses on the Commission's procedure and discretion for dealing with competition law complaints. It also confirms the substantive assessment of 'aftermarkets' for the purpose of analysing Article 102 TFEU.
Parties	Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) Other Parties:• European Commission• Lexmark International Technology SA (Lexmark)
Background	On March 30 2000, Pelikan AG (Pelikan), an ink and ink cartridge manufacturer, lodged a complaint with the Commission alleging an abuse of a dominant position by Hewlett-Packard. Following discussions between Pelikan and the Commission regarding Pelikan's

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Jurisdiction(s):

United Kingdom

Key definition:

Commission definition

What does Commission mean?

In the context of the bribery Act 2010, a commission is the giving of a financial advantage, although it is not necessarily a bribe.

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