A Dutch Court of appeal rules that termination by supplier of distribution contract under pressure from competing distributors is concerted practice (Batavus - Vriend)

I. Introduction This judgment of the Court of Appeal of Leeuwarden (“the Court”) is the latest in a series of judgments in a long running dispute relating to the termination in 2001 by Batavus B.V. (“Batavus”), a bicycle manufacturer, of its long term business relations with a retailer, Vriend's Tweewielercentrum Blokker (“Vriend”) and the subsequent refusal by Batavus to admit Vriend to the selective distribution system which it set up in 2004. Vriend sold bicycles in a specialized shop and via the internet. The sale of Batavus bicycles accounted for approximately half of Vriend's annual turnover. Under pressure from Euretco, a joint purchasing organization of bicycle retailers, Batavus gave Vriend notice of termination of its business relationship. Vriend challenged the termination in

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Sarah Beeston, A Dutch Court of appeal rules that termination by supplier of distribution contract under pressure from competing distributors is concerted practice (Batavus - Vriend), 6 October 2009, e-Competitions Bulletin Exclusivity clause, Art. N° 32023

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