A Belgium Court of Appeal rules that quantity based price discrimination by beer supplier is not violating EC Reg. N° 1984/83 nor Art. 81.3 EC (Hermans and Daniel/Maloir)

In this case Ms. Hermans and Mr. Daniels appealed against the judgment held in first instance by the Commercial Court of Tongeren (handed down on 3 December 1999). The Commercial Court had found Ms. Hermans and Mr. Daniels liable for breach of contract and BF 510.000 (= € 12.642,57) damages were awarded to Mr. Maloir. The facts in the case were as follows. On 29 January 1993 Ms. Hermans, a bar owner, entered into an agreement of recognition of debt and exclusive sale with NV Interbrew Leuven (currently Inbev), the biggest brewery of Belgium. In execution of this contract Ms. Hermans agreed to purchase beverages exclusively from Maloir for a time period of five years. But in breach of the contractual stipulations, Ms. Hermans started to buy beverages from Mr. Daniels, as was reported

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  • Leuven University

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Dieter Gillis, A Belgium Court of Appeal rules that quantity based price discrimination by beer supplier is not violating EC Reg. N° 1984/83 nor Art. 81.3 EC (Hermans and Daniel/Maloir), 11 February 2002, e-Competitions February 2002, Art. N° 1222

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