The Belgian Supreme Court upholds the severability of anticompetitive provisions in a distribution agreement (Bauer / Dubraco)

Gerard, Damien

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28 Jun 2012

The Belgian Supreme Court upholds the severability of anticompetitive provisions in a distribution agreement (Bauer / Dubraco)

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Reference

Belgian Supreme Court, Bauer / Dubraco, Case n° C.10.0433.N, 28 June 2012 (German)

On June 28, 2012, the Belgian Supreme Court (Hof van Cassatie/Cour de Cassation) rendered a short judgment in a contractual dispute involving a distribution agreement entered into in 1993 by Bauer, a German manufacturer of compressors, and its Belgian distributor Dubraco [1]. In essence, the agreement provided for a prohibition of passive sales to customers located in neighbouring

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Author

Damien Gerard
Belgium Competition Authority (Brussels)

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Quotation

Damien Gerard, The Belgian Supreme Court upholds the severability of anticompetitive provisions in a distribution agreement (Bauer / Dubraco), 28 June 2012, e-Competitions June 2012, Art. N° 48219

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