The High Court is hearing a test-case damages claim over an alleged breach of European competition law.
Bernard Crehan, who leased two Staines pubs between 1991 and 1993, has claimed that beer-tie provisions in the leases operated by Inntrepreneur Pub Co Ltd amounted to a breach of Article 81 of the EC Treaty.
He contends that he was contractually bound to purchase beer at prices that exceeded those paid by other publicans in the area, and that, without the tie, he could have obtained substantial discounts in respect of his purchases. He calculated that, with the discounts, he would have received an additional £42,000 pa, sufficient to keep his businesses afloat.
However, Inntrepreneur has counterclaimed that Crehan’s businesses would not have survived rent expenses and a recession. It maintains that, when the leases were terminated, Crehan had failed to carry out the agreed repairs to the properties, estimated at £21,655.
The hearing continues.
Crehan v Inntrepreneur Pub Co Ltd and another Chancery Division (Park J) 10 February 2003.
David Vaughan QC, Mark Brealey and Mark Wonnacott (instructed by Charles Russell) appeared for the claimant; Kim Lewison QC, Nicholas Green QC, James Flynn and Martin Rodger (instructed by Masons) appeared for the defendants.
PLS News 11/2/03
References: PLS News 11/02/03
