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Statement of objections from the EU Commission

As previously communicated, the EU Commission completed a control in certain TOMRA subsidiaries in Europe on September 26-27, 2001. The reason for this control was a complaint to the Commission related to supply agreements which had been entered into by TOMRA with certain customers.

03 September 2004

The EU Commission has today sent its Statement of Objections. The Commission is of the opinion that TOMRA has exploited its dominant market position in several European markets. The alleged abuse is partly due to having entered into exclusive purchase agreements with customers and partly due to use of loyalty rebates. The alleged violations shall have taken place in different time periods during the last ten years in the various markets. In relation to this, TOMRA informs that it has examined its routines and has implemented a comprehensive Competition Compliance Program.

The Commission has indicated that it intends to impose a fine for the alleged breaches. The Commission will determine the size of the fine in a final decision after TOMRA has filed its answer to the Statement of Objections.

TOMRA has two months to answer the Commission`s objections before a final decision in the case is made. TOMRA will make use of this right. TOMRA is also entitled to appeal the final decision of the Commission to the European Court of Justice.