CJEU case C-151/20 Nordzucker et al – CJEU Judgment (Austria, 2025)

In the German sugar market, Nordzucker and Südzucker, together with a third significant producer, had constituted the dominant forces. Each company operated primarily in distinct geographical areas, with the market having been traditionally divided based on the locations of their factories and the associated transport costs. Agrana, a subsidiary of Südzucker, had occupied a prominent position as the principal sugar producer in Austria, operating with a considerable degree of autonomy in the markets it served. The accession of new Member States to the European Union in 2004 had engendered concerns among German sugar producers regarding increased competitive pressure from entities established in these new Member States. In response to these concerns, representatives from Nordzucker and Südzucker had engaged in a series of meetings beginning in 2004. During these meetings, the parties had agreed not to compete in their traditional core sales areas in order to mitigate the impact of the new competitive pressures. In late 2005, Agrana had observed that a Slovak subsidiary of Nordzucker had commenced the delivery of sugar to industrial customers in Austria, customers that had heretofore been exclusively supplied by Agrana. Agrana's managing director brought this matter to the attention of Südzucker's sales director. Subsequently, Südzucker's sales director had contacted Nordzucker's sales director to discuss these deliveries and their possible implications for the German sugar market. In response to these developments, both the German and Austrian competition authorities had initiated investigations. * In September 2010, the Austrian authority brought an action before the Oberlandesgericht Wien (Higher Regional Court, Vienna, Austria) seeking a declaration that Nordzucker had infringed Article 101 TFEU and the corresponding provisions of Austrian law, and also the imposition of two fines on Südzucker, one of which to be imposed jointly and severally on Agrana. The materi