An appeal by Heineken in a competition case against Macedonian Thrace Brewery (MTB) has been rejected by the Dutch Supreme Court.
In March, it emerged the Dutch brewer and its Greek subsidiary Athenian Brewery could be liable for damages exceeding €83m (then $96.2m).
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The damages claim arose from a decision by Greece’s competition watchdog, published in 2015, which found Athenian Brewery held a dominant position and used it across 16 years to restrict rivals such as MTB.
MTB today (2 June) said both Heineken and its subsidiary in Greece “have repeatedly challenged the jurisdiction of the Dutch courts” and have disputed that the claims should not be heard in the Netherlands.
A statement in March from MTB said the District Court of Amsterdam had issued an interim decision the previous month on the method for quantifying damages in its civil claim against Heineken and Athenian Brewery.
Athenian Brewery challenged the regulator’s decision through the Greek courts but lost their appeal at each stage, the statement said.
In the Dutch civil case, the Amsterdam court has already held it must follow the Greek infringement decision.
MTB, which produces the Greek beer Vergina, said the court had found Heineken and AB are “jointly and severally liable” for losses connected to the conduct.
In its interim judgment, the Amsterdam court accepted the economic model prepared for MTB by consultancy Oxera.
On the court’s current view, MTB’s core losses were put at at least €43m. MTB said once statutory interest is included the total would exceed €83m, with the potential for additional expert-related costs if the brewer can substantiate them. Both sides were required to submit further filings by 18 March.
The Greek brewer said in today’s statement: “Last week’s ruling confirmed that the Dutch courts were correct to accept jurisdiction over claims against Heineken’s Greek subsidiary arising from its anti-competitive conduct in Greece, fully in line with MTB’s position from the outset.”
It added the Supreme Court’s decision now allows for the Amsterdam District Court to issue its final ruling on damages, which is expected in the next couple of months.
In March, MTB said the Dutch advocate-general had advised the Supreme Court that the appeal from Heineken and Athenian Brewery should be rejected in its entirety.
Just Drinks has approached Heineken for comment on the Supreme Court decision.
