Source: All England Reporter
Publisher Citation: [2002] All ER (D) 339 (Mar)
Court: Court of First Instance of the European Communities (Third Chamber)

Judges Azizi (President), Lenaerts and Jaeger

Judgment Dates: 21 March 2002


European Community - Rules on competition - Agreements preventing, restricting or distorting competition - Beer supply agreements - Public House - Lease tying house to brewery - Exclusive purchasing obligation - Non-competition obligation - Commission ruling that agreement not infringing rules on competition on basis of exemption - Former lessee seeking annulment of decision - Whether manifest errors of assessment in granting exemption vitiating decision - Whether decision to be annulled - Commission Decision (EC) 1999/230 - Article 81 EC (formerly EC Treaty, art 85).

The Case

The Court of First Instance of the European Communities dismissed an application for annulment of Commission Decision (EC) 1999-473 which granted an individual exemption to Whitbread plc under art81(3)EC in respect of the prohibition on agreements, decisions and concerted practices which prevented restricted or distorted competition under art81(1)EC insofar as it leased public houses to lessees under a standard lease containing exclusive purchasing obligations and non-competition obligations to buy beer from it and from no other source.

Practice Areas

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