Overview
- Tchibo’s appeal was taken up by the Oberlandesgericht Düsseldorf’s 6th cartel senate (VI-6 U 1/25), which held its first hearing with no decision expected immediately.
- Tchibo alleges Aldi Süd sold Barissimo coffee below manufacturing costs from late 2023 to December 2024, citing losses generally over €2 per kilogram and up to €3.53 on some varieties.
- The Landgericht Düsseldorf dismissed the claim in January, finding the pricing commercially justifiable through mixed-margin strategies and lacking intent to drive rivals from the market.
- Aldi Süd’s Barissimo is produced by its subsidiary New Coffee, a fact that highlights the legal distinction between resale below purchase price and in‑house sales below production cost.
- Cartel-law experts describe low prices as typically pro‑competitive unless used to exclude rivals, while the Monopolkommission flags rising retail vertical integration and urges strict application of existing rules; consumer bean coffee prices are roughly 58% higher than in 2020.