Sodastream (aka Soda Club) Complications in Germany

In 2006, Sodastream (Soda Club) tried to stop a competing enterprise from refilling “their” bottles of carbon dioxide (CO2), by claiming that the bottles were their property and did not belong to the customer (per contracts that all customers had to agree to).

This didn’t work in Germany, and this could very well become the norm in most countries.

More competition should broaden and improve this market niche; it would be good for the environment (bottles should be refilled in the store, an operation that takes a mere 20 seconds); and good for consumers (price could easily be cut in half). More info about refilling – and home refilling – of carbon dioxide bottles for home sodamakers here.

Alert consumers are aware that sparkling water made at home can already be had at a fraction of the cost of retail carbonated beverages; many feel, however, taht things could be a lot better.

Here are the facts from bundeskartellamt in Germany:

http://www.bundeskartellamt.de/wEnglisch/News/Archiv/ArchivNews2006/2006_04_13.php

April 13, 2006

Düsseldorf Higher Regional Court confirms immediate enforceability in the Soda-Club case

Soda-Club GmbH, Wiesbaden (“Soda-Club“) may not use its dominant position abusively. Soda-Club had prevented competing suppliers from refilling CO2 cartridges for water carbonating machines by claiming its ownership of the cartridges.

In February 2006 the Bundeskartellamt prohibited this conduct. Soda Club opposed the Bundeskartellamt’s immediately enforceable decision by applying to the Düsseldorf Higher Regional Court for interim measures. In provisional proceedings the court has now confirmed the Bundeskartellamt’s decision in all material respects. Soda-Club is dominant in the market for refilling CO2 cartridges. Hindering competitors from refilling CO2 cartridges represents an abuse of this dominant position. By this conduct Soda-Club prevents consumers from taking advantage of alternative refilling possibilities. Only the obligation to point out on labels on the company’s own cartridges that it is admissible to have them refilled by competitors was seen by the Higher Regional Court as a disproportionate measure.

Although Soda-Club can still appeal against the Higher Regional Court’s decision to the Federal Supreme Court, the Higher Regional Court’s decision implies that the numerous small and medium-sized bottling plants can now start to compete with Soda-Club and refill all cartridges circulating in the market.

Is there a way to make a pitcher of Mojitos ahead of time for a party or will the club soda lose its fizz?

I want to make a pitcher to bring to a party, but I’m worried that adding the club soda to the mint, rum, lime and simple syrup will cause the club soda to go flat before I get there.

Don’t add the club soda until you get there. What you can do is make a mojito “base” by muddling the mint and lime together, then add the syrup and rum. Bring that to the party, and add club soda when you get there.

Also: transporting an open container of alcohol may not be legal where you are. If it’s illegal, make the base with mint, lime, and syrup, then add the rum and club soda when you get there.