It has been announced this month, October 2023, that two brewers operating in Sweden, Carlsberg (Denmark) and Spendrups (Sweden) – the sellers in this case – have entered into commitments with the Swedish Competition Authority (Konkurrensverket) to change their contractual condition for its wholesale business to restaurants, coffee shops, and hotels – the buyers.
The Authority, acting on the basis of a complaint from another party, was of the view that the contractual conditions that the two brewers engaged in with the buyers of their product amounted to anti-competition agreements, given that they demands large volume commitments and related conditions with the buyers, which in turn meant there was incentives for them to seller their own customers the goods the products of the two brewers, to the detriment of other similar or competing products. Failure of the buyer to sell sufficient volume of the goods could have meant sanctions for the buyers, imposed by the sellers.
Given the Authority’s investigation and enforcement action, both Carlsberg and Spendrups have undertaken commitments to ensure that buyers have sufficient capacity to also sell products from other breweries, and that no sanctions on them can be imposed. The commitments apply up to 2029, and if the two brewers do not live up to the commitments, fines will be imposed.
The Authority’s decision in respect of Carlsberg can be seen here, and in respect on Spendrups here.