On 18 February the Amsterdam District Court rendered an interim judgment on damages quantification in the proceedings of Macedonian Thrace Brewery ("MTB"), maker of the popular Greek beer Vergina, against Heineken and its subsidiary Athenian Brewery ("AB").
The case stems from the decision of the Greek competition authority, the Hellenic Competition Commission ("HCC"), published in December 2015, that AB abused its dominant position in the Greek beer market for at least 16 years, excluding competitors like MTB.
AB lost the administrative appeal against the HCC Decision in every instance in Greece. In the private enforcement claim filed in the Netherlands by MTB the district court had already decided that it was bound by the HCC Decision, and that Heineken and AB were jointly and severally liable for the damages resulting from the infringement.
The recent judgment accepts the damages quantification model set out by Oxera as economic expert for MTB, rejecting multiple defences argued by Heineken and its expert CRA. In support of its approach the court quotes extensively from the HCC Decision regarding the nature and scope of the abuse. Based on its current assessment, the court assumes that the principal damages suffered by MTB amount to at least EUR 43 mln. Adding statutory interest in line with the court's judgment, the full damage award will be in excess of EUR 83 mln. Experts costs will also be awarded, provided that these costs are further substantiated by MTB. Both sides are to submit statements by 18 March.
The district court has announced it will render a final judgment on damages after the Dutch Supreme Court issues its decision on the appeal filed by AB and Heineken in respect of jurisdiction. That decision is expected later this month. The Dutch advocate-general has already advised the Supreme Court that the appeal from Heineken and AB should be rejected in its entirety, in view of the judgment of the European Court of Justice of 13 February 2025 on questions referred by the Supreme Court in this matter.
Demetri Chriss, director at MTB, said: "This judgment sends a strong message to Heineken that the Dutch courts will not shy away from awarding substantial damages in abuse of dominance cases. To determine damages caused by an infringement of 16 years is no easy task, and we are delighted that the court has definitively rejected Heineken's attempt to avoid being held accountable for its illegal activities in Greece.
"We should also mention that we are currently awaiting the outcome of the Hellenic Competition Commission's new investigation into ongoing abuses in the Greek beer market in the post-decision era.
The fact that Heineken's subsidiaries in Austria, Hungary, the US and elsewhere have recently been found guilty of identical and/or similar abuses points to a highly problematic corporate culture that permeates the organization on a global scale. Heineken does not appear to improve its conduct.
The decisions of the Amsterdam District Court show that small and medium businesses can fight back and prevail against seemingly invincible multinationals."
Carlsberg and its subsidiary Olympic have also filed proceedings in Amsterdam against Heineken and AB, holding them liable for their abuse on the Greek beer market.
The aforementioned judgment is available at https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2026:1692
View source version on businesswire.com: https://www.businesswire.com/news/home/20260303330240/en/
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