A Portuguese court states that a beer distribution agreement does not appreciably restrict competition on the basis of Art. 81 EC and inflicts a fine of € 77,715 (Centralcer/Nascimento)

Centralcer - Central de Cervejas, S.A. (one of the main beer manufacturers in Portugal, hereinafter referred to as ‘the supplier') signed in 1997 a single-branding agreement with Carmo José Augusto Nascimento (hereinafter, ‘the purchaser'). It was agreed between the parties that the contract would come to an end in two circumstances: either after the expiry of a period of four years, either when the purchases of the contractual products amounted to 100.000 liters. If, in the former case, the purchases did not reach the abovementioned level, the supplier would be compensated with a sum corresponding to the value of the liters not purchased. After the 4 year-period, the purchases amounted to only 15.527 liters. The supplier claimed thus a compensation of € 77.715,16.

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Pablo Ibáñez Colomo, A Portuguese court states that a beer distribution agreement does not appreciably restrict competition on the basis of Art. 81 EC and inflicts a fine of € 77,715 (Centralcer/Nascimento), 14 April 2005, e-Competitions April 2005, Art. N° 22

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