The Belgian Supreme Court makes clear that a judge cannot invoke Art. 81.3 EC on its motion if it was not invoked by one of the parties to the case (Brouwerij Haacht)

Facts The case concerns an appeal to the Belgian Supreme Court against a decision of the Brussels Court of Appeal. It is important to note that the Belgian Supreme Court does not assess the facts of a case, it can only decide on the legality of a judgment. The case concerns an exclusive purchasing contract between a brewery, Brouwerij Haacht and a horeca outlet. The Court of Appeal had to judge whether the agreement restricted competition on the market. Judgment of the Court of Appeal To verify whether the exclusive beer supply agreement had an appreciable effect on trade between Member States, the Court first determined the market share of Brouwerij Haacht. The Court of Appeal came to the conclusion that Brouwerij Haacht had a market share of 10 per cent and could therefore not

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Sven Van Damme, The Belgian Supreme Court makes clear that a judge cannot invoke Art. 81.3 EC on its motion if it was not invoked by one of the parties to the case (Brouwerij Haacht), 15 May 2009, e-Competitions May 2009, Art. N° 26717

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