The Amelo Court of First Instance decides that vertical agreements not covered by EC Reg. n° 2790/1999, because they have as their object the restriction of the territory into which the goods may be sold, are not caught by competition rules given their insignificant effect on competition (Bread products case)

X is a partnership under Dutch law which has made several agreements with retailers, including Y. According to the agreements, X delivers, under certain conditions, bread products to the retailers. These bread products are then sold by the latter to consumers. X has initiated a proceeding before the Rechtbank Almelo (the Court of First Instance of Almelo) claiming that Y should be held by the Rechtbank to pay an amount of € 8.333,57 for delivered products and an amount of € 9.668,97 for delivered services. Y has argued in defence that the agreements should be considered legally void. According to Y, the agreements

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, The Amelo Court of First Instance decides that vertical agreements not covered by EC Reg. n° 2790/1999, because they have as their object the restriction of the territory into which the goods may be sold, are not caught by competition rules given their insignificant effect on competition (Bread products case), 19 July 2006, e-Competitions July 2006, Art. N° 12448

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