SGH act for Inntrepreneur in Crehan beer tie case in house of lords

June 13th 2006 -
Sprecher Grier Halberstam LLP act for Inntrepreneur in Crehan Beer Tie case in House of Lords

The hearing of the case of Inntrepreneur v Crehan was brought to an end ahead of schedule yesterday by the House of Lords when the court elected not to hear further legal arguments relating to damages.

The court heard legal submissions from the parties, and from the O.F.T and Visa, and considered in detail whether the High Court Judge had attached sufficient weight to decisions of the European Commission when he concluded that the Inntrepreneur beer tie did not breach European Competition law.

The court elected not to hear further legal arguments relating to Mr Crehan’s claim for damages arising as a result of the alleged breaches of Competition law, indicating that it would consider whether to deliver judgement at this stage, or whether it should refer the case to the European Court of Justice again.

Questions and Answers

Q1:	Does this mean that arguments as to whether parties in the position of Mr Crehan are entitled to claim damages for breaches of Competition law may never be considered by the courts in this case?
A1:	Yes. If the House of Lords decides that the High Court Judge was entitled to conclude that the Inntrepreneur tie was not in breach of Competition law, then there would be no need to consider arguments as to whether a damages claim could be brought by someone in the position of Mr Crehan, who was not a beer supplier. The court could simply direct that judgement be given in favour of Inntrepreneur.
Q2:	Does this mean that there is likely to be a further reference to the European court?
A2:	Not necessarily. A further reference is possible, but various members of the court expressed doubts as to whether a reference would be appropriate in the circumstances. The House of Lords could simply decide the legal position is clear and that there is no need for a further reference.
Q3:	Does this mean Inntrepreneur have won?
A3:	It is too early to say. A reference to the European Court could delay a final decision by 2-3 years.
Q4:	Is there still a chance that Mr Crehan and other tenants could succeed in their claims for damages?
A4:	The court may conclude that Inntrepreneur are entitled to judgement in their favour, in which case, Mr Crehan’s claim, and others like it will be dismissed. If the case is referred back to the European Court, then the outcome is of course uncertain and all claims will be considerably delayed.

To view this press release as a PDF

Link to Times Online article

Further information

If you would like further information please contact:
Jacqui Lennon , jacquelinel@sghlaw.com (tel: 020 7544 5633)

About SGH

David Sprecher and Ian Grier founded the firm in 1984. It has now grown to a twenty partner commercial law practice with a wide range of clients including international household names, professional partnerships, listed companies, merchant banks, mortgage lenders as well as smaller family owned businesses.

SGH has an established reputation for providing a speedy and effective service to its business clients. The partners, who are all specialists in their chosen field, enjoy the support of a loyal, energetic and experienced staff, many of whom have been with the firm for a considerable number of years.

The firm has various specialist departments which all share in the common pro-active philosophy, striving to protect the client’s best interests at all times. The firm offers wide-ranging expertise covering practically every business need, including complex legal areas such as copyright, insolvency and mortgage lending, as well as essential legal proficiency in such areas as employment, debt collection, company commercial and property. The firm also has an extremely experienced department dedicated to the property needs of the leisure industry.