Know your rights
Practices that lead to a locked market are heavily restricted in nearly all sophisticated economies and virtually all industrial sectors, including the packaging industry.
Competition through open markets is vital for economies. Nearly all sophisticated countries therefore have competition authorities charged with maintaining a competitive business environment. In the European Union, the relevant authority is the European Commission which, in a groundbreaking investigation and ruling directed at the practices of the leading aseptic liquid food carton supplier, prohibited a number of anti-competitive practices including the use of tying.
The full judgment, translated into eight languages, is directly available from the European Commission.
The specific commercial practices to be applied, including a commitment that customers are “free to buy his requirements of packaging material from whatever supplier he may choose”, are summarized in a Letter of Undertaking.
You are unsure what the situation regarding open versus closed markets is like in a certain region or country? Contact the respective competition authority.
Outside of Europe, competition laws vary from country to country. But tying, bundling and other anti-competitive practices are restricted and monitored by the respective competition authorities in each country, and major cases in one jurisdiction act as references in others. The authorities are in place to help customers and consumers and are open to receive cases, usually without payment or the need for legal representation, from entities who believe they are being subject to conditions that violate local laws.
The US Department of Justice maintains a list of antitrust authorities around the world. Should you wish to submit a case regarding practices in the aseptic carton packaging industry in your market, Greatview can assist with the preparation of the material.
Some new features or packages are patented by aseptic packaging manufacturers and consequently proprietary.
With the emergence of alternative packaging suppliers, aseptic carton manufacturers have responded by developing new products, and closures in particular, that connect packaging with filling machines through features that are patented or proprietary. In some cases filling machines can be configured to run open, non proprietary aseptic carton formats, however the machine manufacturers won't necessarily volunteer this information to their customers.
Moreover, which closure systems are open and which are locked is not easy to understand. Greatview has published a guide for customers of roll-fed aseptic cartons. If you would like a copy or to know more, please contact us.
