On the 17th May 2012, the Portuguese Supreme Court of Justice (STJ) dismissed a competition law-based defense in the framework of a dispute between a beer supplier and a retailer who failed to comply with exclusivity and minimum purchase obligations [1]. The case stands out as one more in a number of private enforcement cases in Portugal relating to beer supply contracts where, as a rule, the agreements in question are found not to be prohibited, given that they do not significantly restrict competition (i.e., that they fall under the de minimis
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The Portuguese Supreme Court broadly interprets the de minimis principle in beer distribution private enforcement case
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