The Brussels Court of Appeal confirms that an exclusive beverages supply agreement is in conformity with Art. 81 EC (Emond / Brasserie Haacht)

In a decision dated of 23 June 2005, the Court of Appeal of Brussels confirmed the conformity of a supply agreement of beverages with the Article 81 of the EC treaty. The facts leading to this decision were the following. On 24 June 1993, M. Emond signed a supply agreement with the brewery Haacht by which he undertook to buy exclusively to Haacht for a period of ten years the beers specified in the agreement and all the same kind of beers. In compensation, the brewery signed a financial agreement by which it guaranteed the reimbursement of a bank loan. On 31 March 1997, M. Emond sold his goodwill to the company, Sprl Le Baril Café, which undertook to respect the previous supply agreement. In addition, the new company concluded a second agreement with Haacht by