The Tetra Laval BV v.Commission of the European Communities case applied correctly the "leveraging" theory in the rejection of the merger of Tetra Laval and Sidel that would horizontally and vertically dominate the plastic bottle plugs industry.

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The Tetra Laval BV v. Commission case primarily concerned the acquisition of Sidel by Tetra Laval, focusing on the markets for packaging equipment and packaging materials, not specifically on "plastic bottle plugs." The Court of First Instance (now the General Court) annulled the Commission's decision to block the merger, finding the Commission had not sufficiently demonstrated that Tetra Laval would be able to leverage its dominant position in the carton packaging market into the PET (plastic) bottle market. The case is notable for its discussion on the difficulty of proving leveraging in merger cases, rather than a focus on dominating the plastic bottle plugs industry.

The Tetra Laval BV V