The Supreme Court of the Netherlands Rejects Heineken's Appeal in Competition Violation Case
The Supreme Court of the Netherlands rejected Heineken's appeal in a competition law violation case filed by the Macedonian-Thracian brewery Macedonian Thrace Brewery (MTB), reports Globaldata.
In March, it became known that the Dutch beer producer and its Greek subsidiary Athenian Brewery may be required to pay damages exceeding 83 million euros.
The damages claim is based on a decision by the Greek antitrust regulator published in 2015. The regulator found that Athenian Brewery held a dominant position in the market and used it for 16 years to restrict the activities of competitors, including MTB.
On June 2, MTB reported that Heineken and its Greek subsidiary "repeatedly challenged the jurisdiction of Dutch courts" and insisted that these claims should not be heard in the Netherlands.
In a statement released by MTB in March, it was noted that the District Court of Amsterdam issued an interim ruling in February regarding the methodology for calculating damages in the civil lawsuit against Heineken and Athenian Brewery.
Athenian Brewery attempted to challenge the Greek antitrust authority's decision in Greek courts but lost the appeal at all stages of the judicial process.
Within the civil case in the Netherlands, the Amsterdam court has already ruled that it is obliged to take into account the Greek regulator's decision on the competition law violation.
The MTB brewery, which produces the Greek beer Vergina, reported that the court recognized Heineken and Athenian Brewery as "jointly liable" for the damages caused.
In its interim ruling, the Amsterdam court agreed with the economic damage calculation model prepared for MTB by the consulting firm Oxera.
According to the court's preliminary assessment, MTB's base damages amount to at least 43 million euros. The company noted that, including statutory interest, the total sum will exceed 83 million euros. Additionally, there may be further compensation for expert costs if the brewery can properly justify them.
Both parties were required to submit additional documents by March 18.
In a statement released this week, MTB said: "The decision confirmed that the Dutch courts rightly accepted the claims against Heineken's Greek subsidiary related to its anti-competitive behavior in Greece, which fully aligns with MTB's position from the outset."
The company also emphasized that the Supreme Court of the Netherlands' decision paves the way for the District Court of Amsterdam to issue a final ruling on the amount of damages, expected within the next few months.
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