Competition Law

Article 101 Cases

Case C-234/89 Delimitis v Henninger Bräu [1991] ECR I-935

Key Points

• An agreement is restrictive under Article 101(1) TFEU only if it significantly contributes to the cumulative foreclosure of the market.
• The legal and economic context must show that market access is impeded before the individual agreement is assessed for its contribution.
• A beer supply agreement does not restrict competition by object; its restrictive effects must be examined through a structured effects analysis.

Facts

• Mr Delimitis, a publican in Germany, leased premises from Henninger Bräu under a contract that included an exclusive purchasing obligation for beer and soft drinks from the brewery and its subsidiaries. The agreement set a minimum purchase requirement, with penalties for non-compliance.
• Following termination, Henninger withheld part of the deposit, citing unpaid dues.
• Mr Delimitis claimed the contract was void under Article 101(2) TFEU, leading the German court to seek a preliminary ruling from the Court of Justice on the compatibility of such agreements with EU competition law.