The Maltese Commission for Fair Trading strikes down trade restrictive clauses in an exclusive poultry supply agreement (Buxon Poultry / Poultry Cooperative and Abela)

Buxon Poultry Limited requested the Court of Magistrates (Malta) [1] to find defendants Koperattiva tat-Tjur Limited (Poultry Cooperative Limited) and Emmanuel Abela liable in solidum in favour of claimant to pay a penalty of LM5,000 [2]. Claimant alleged that said penalty was due as a result of defendants' failure to deliver 1000 units of poultry to claimant as stipulated in clause 10.2 of an agreement concluded between the parties on 20th Ocobter 2002. Defendants Koperattiva tat-Tjur Limited and Emanuel Abela pleaded on the merits that (i) claimant was solely responsible for their failure to deliver the stipulated units of poultry; and (ii) clauses 10.1(b) and 10.2 of the aforementioned agreement dated 20th October 2002 concluded beween claimant, Flock Hatchers