Overview
- The Oberlandesgericht Düsseldorf’s 6th cartel senate rejected Tchibo’s appeal on February 10, 2026, with written reasons still pending and the ruling not yet final.
- Judges deemed Aldi Süd’s loss-leading promotions permissible within a mixed-pricing strategy, distinguishing sales below manufacturing costs from the stricter ban on sales below purchase cost.
- Tchibo voiced disappointment and said it will evaluate the written judgment before deciding whether to file a revision with the Bundesgerichtshof within the statutory period.
- Tchibo had alleged Aldi’s Barissimo coffees, produced by subsidiary New Coffee, were sold in 2023–2024 promotions at losses of about €2 per kilogram or more, harming competition and consumers.
- The case unfolds as raw coffee prices have surged since 2024 and as Aldi Süd reshapes its coffee lineup by phasing out Krüger’s Expressi capsules by March 2026 to focus on Barissimo and Nespresso‑compatible options.