Question
Stroom Bakfiets is also a producer of electric bike batteries for cargo bikes. Stroom Bakfiets has developed a special technology that makes its batteries 5
Stroom Bakfiets is also a producer of electric bike batteries for cargo bikes. Stroom Bakfiets has developed a special technology that makes its batteries 5 per cent safer than other compatible batteries on the market, in relation to fire combustion hazards. Stroom Bakfiets is very popular in Denmark, where it holds 55 per cent of the market share of electric cargo bikes. Stroom Bakfiets' bikes are sold in Denmark by its exclusive distributor Ladcycler LLC ('Ladcycler'). Stroom Bakfiets supplies Ladcycler with its cargo bikes, fitted with batteries it produces itself. To reduce costs, Ladcycler has recently communicated to Stroom Bakfiets its intention to purchase only the electric cargo bikes, without the batteries included. Ladcycler intends to buy alternative compatible batteries available in Denmark that are much cheaper and which it considers are equally safe. Stroom Bakfiets has responded that Ladcycler will not be able to offer its customers the extended 3 years' warranty if the bikes are sold without being fitted with Stroom Bakfiets' electric batteries. Consequently, Ladcycler has decided to desist in its intention and to continue buying Stroom Bakfiets' cargo bikes and batteries.
Advise whether Stroom Bakfiets' proposed restriction is in breach of Article 102 of the Treaty on the Functioning of the European Union.
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