I. Introduction This judgment of the Court of Appeal of Leeuwarden (“the Court”) is the latest in a series of judgments in a long running dispute relating to the termination in 2001 by Batavus B.V. (“Batavus”), a bicycle manufacturer, of its long term business relations with a retailer, Vriend's Tweewielercentrum Blokker (“Vriend”) and the subsequent refusal by Batavus to admit Vriend to the selective distribution system which it set up in 2004. Vriend sold bicycles in a specialized shop and via the internet. The sale of Batavus bicycles accounted for approximately half of Vriend's annual turnover. Under pressure from Euretco, a joint purchasing organization of bicycle retailers, Batavus gave Vriend notice of termination of its business relationship. Vriend challenged the termination in
The Dutch Court of Appeal of Leeuwarden rules that the termination of distribution contracts by a supplier under pressure from competing distributors is a concerted practice (Batavus / Vriend)
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