ANTITRUST | The EC opens investigation on a possible abuse of dominant position in the glass market

On 6 November 2024, the European Commission (“EC”) opened an investigation against a global glass producer, namely Corning Inc. (“Company”), for a possible abuse of its dominant position on the worldwide market for a special type of glass (known as “Alkali-AS Glass”). The conduct under investigation relates to the conclusion of an exclusive supply agreement (“Agreement”) between the Company and manufacturers (“OEMs”), and to the processing of raw glass. According to the EC, the Agreement may have excluded rival glass producers from large segments of the market, contrary to Article 102 of the Treaty on the Functioning of the European Union. In particular, the EC was concerned about the anticompetitive effects generating from certain provisions of the Agreement, containing, among others, (a) the obligation for OEMs to source all or nearly all of their Alkali-AS Glass demand from the Company, (b) exclusivity rebates and (c) the obligation to inform the Company about competitive offers, whose acceptance was conditional upon the Company failing to match the price of such offers.

Newsletter n. 101 – November 2024