The Dutch Supreme Court confirms judgment on exclusive purchasing clause between competitors (Rab / Mantje)

I. The Parties Rab onroerend goed BV and Mantje Bio-fuels BV II. The Facts In 2008, Mantje bought two plots of land (‘the land’) on Texel, an island off the Dutch coast. Mantje purchased the land from Bruining, while Bruining had bought it from Rab in 1995. At that time, Rab operated two petrol stations from the land. Rab still operates other petrol stations on Texel, and sells fuel to petrol stations at the wholesale level. The agreement between Rab and Bruining contained a non-compete clause (‘the clause’). The clause prohibited Bruining from operating a petrol station from the land, unless Bruining would buy its wholesale requirements of petrol from Rab. Through an automatic transfer provision, the clause originally agreed between Rab and Bruining transferred to Mantje. Contrary to

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Tjarda van der Vijver, Cyriel Ruers, The Dutch Supreme Court confirms judgment on exclusive purchasing clause between competitors (Rab / Mantje), 25 October 2013, e-Competitions October 2013, Art. N° 68813

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