EU: The court upholds EU commission cartel fine versus Brouwerij Haacht

Brewer Haacht must then pay the �270,000 fine imposed on it by the European Commission for cartel practices.

The EU's lower court has upheld the fine imposed by the European Commission on brewer Brouwerij Haacht NV for cartel activity, AFX News communicated on December 12. In making the ruling, the European Court of First Instance rejected the company's appeal for a reduction or annulment of the fine, set in 2001.

The court said in the judgment that the brewer 'demonstrated a degree of active participation in the cartel'. "As the applicant has been unsuccessful, it must be ordered to pay the costs, in accordance with the form of order sought by the Commission," ruled the Court of First Instance on December 6.

In a judgment originally delivered on Dec 5, 2001, the Court found that the brewer participated in a 'private label' cartel on the Belgian beer market -- providing beer for supermarkets to sell under their own brand name.

In 2001, the Commission fined Haacht (�270,000), Interbrew (�812,000, now InBev Belgium), Alken-Maes (�585,000) and Martens (�270,000) for 'involvement in a cartel relating to beer sold in Belgium bearing private labels'. Interbrew's fine was cut by 50 pct to 812,000 EUR after the company acted as the cartel whistleblower.

As for Haacht, the infringement (2003/569/EC) consisted "... in a concerted practice concerning prices, customer-sharing and the exchange of information with regard to private-label beer in Belgium during the period from 9 October 1997 to 7 July 1998."

Alken-Maes' fine of �585,000 was reduced slightly last month. Brewer Haacht, however, must pay its �270,000.