The Brussels Court of Appeal confirms that an exclusive sale agreement concluded for one year constitutes a breach of Art. 101 TFEU (Fiat Auto Belgio / Fortis Banque / T.C.I. Auto Service)

Introduction In its judgment of 28 April 2010, the Brussels Court of Appeal upheld a judgment of the Commercial Tribunal and confirmed that the exclusive sale agreement for Fiat vehicles concluded by TCI Auto Service (the dealer, “TCI”) and Fiat Auto Belgio (the manufacturer, “Fiat”) for a limited term constituted a breach of Article 85 (1) EEC (now Article 101 (1) TFEU, hereafter referred as such). Background On 25 July 1990, Fiat and TCI concluded a first agreement for a term of 38 months. Under this agreement, la Général de Banque - which later became Fortis (“the Bank”) - provided a guarantee in respect of TCI‘s liabilities to Fiat (the “Guarantee”). On 15 September 1993, the two companies concluded a second exclusive sale agreement (the “Agreement”) for a one year term. Fiat terminated

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  • Strasbourg Bar School

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Sarah Kellou, The Brussels Court of Appeal confirms that an exclusive sale agreement concluded for one year constitutes a breach of Art. 101 TFEU (Fiat Auto Belgio / Fortis Banque / T.C.I. Auto Service), 28 April 2010, e-Competitions April 2010, Art. N° 33216

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