CASE COMMENTS : ANTICOMPETITIVE PRACTICES - MARKET SHARING - MUTUAL RESPECT OF DISTRIBUTION NETWORKS - BARRIERS TO ENTRY

Market Sharing: The CFI confirms the European Commission’s decision fining an agreement on mutual respect of beer distribution channels (Luxembourg Brewers)

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The CFI dismisses in its entirety the action brought by the Luxembourg breweries against the decision sanctioning their agreement on mutual respect for distribution networks (CFI, 27 July 2005, Brasserie Nationale SA and Others v Commission, Case T-49/02 to T-51/02)

CFI, 27 July 2005, Brasserie Nationale SA a.o. v. Commission, cases T-49/02 to T-51/02 As the Luxembourg breweries case shows, agreements in the form of a duly written and signed agreement still exist. Anxious to preserve their beer outlets in Luxembourg, the three national breweries undertook, on pain of fines, to comply with each other's exclusive supply contracts with their respective outlets. In addition, in cases where an outlet operator wished to terminate an existing contract, the breweries reserved priority for canvassing and concluding a new contract 'with one of their Luxembourg counterparts'. In its decision of 5 December 2001, the Commission

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  • General Court of the European Union (Luxembourg)

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Marc van der Woude, Market Sharing: The CFI confirms the European Commission’s decision fining an agreement on mutual respect of beer distribution channels (Luxembourg Brewers), 27 July 2005, Concurrences N° 4-2005, Art. N° 663, pp. 66-67.

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