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ARTICLE · 14 OCTOBER 2013

Candy Bar War At Petrol Stations: Anti-Competitive Effect Of A Bonus Programme

De Brauw Blackstone Westbroek
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Beware of the competition rules when introducing incentive programmes.

European UnionAntitrust/Competition Law
Erik Pijnacker Hordijk
Erik Pijnacker Hordijk
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Beware of the competition rules when introducing incentive programmes. A district court recently assessed the anti-competitive effects of a bonus programme by Mars, where Mars enticed vendor petrol stations to prominently display its products. The practice was compared to a category management agreement to assess its anti-competitive effects. Expert advice is needed before reaching conclusions on their appreciability.

Candy bar producer Mars introduced an incentive programme to independent petrol stations offering them compensation relative to their turnover in Mars products. The programme also included a one-off bonus for a more prominent display of Mars products. Competitor Nestlé argued that the incentive programme breached competition rules, as it could not match Mars' incentive programme without suffering structural losses.

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