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Courage Ltd v Crehan
''Courage Ltd v Crehan'' and ''Inntrepreneur Pub Company v Crehan'' (2001) (Case C-453/99 ) are a series of EU competition law and English contract law cases, concerning the validity of beer tie agreements. After a lengthy course of litigation, the UK House of Lords held that a High Court judge was not wrong to find that competition had not been foreclosed for a pub landlord, Mr Crehan. This finding was, however, on narrow grounds, and ran contrary to the decision of the English Court of Appeal, and appeared different to the European Commission and European Court of Justice. In the Small Business, Enterprise and Employment Bill, passed by the House of Commons in 2014, the beer ties were proposed to be abolished altogether.
==Facts==
In 1991, Crehan agreed with Inntrepreneur, which controlled 7,355 pubs, to take two leases on pubs in Staines, where he would have to buy the beer from Courage Ltd, which owned 19% of UK beer sales. He had to buy beer exclusively at a specified price. The lease was a standard form, and it was not negotiable. In 1991, Courage and Grand Metropolitan had set up Inntrepreneur as a jointly owned company. The leases were all extended to 20 years, much longer than previously. However, the Secretary of State, in charge of competition law enforcement at the time, required that holdings be reduced to 4,350 by October 1992, and that ties be released by March 1998. However Crehan could not compete for anywhere near that long against free houses nearby who could buy beer more cheaply, and in September 1993 his business failed, with a loss. He was sued for £15,226 for outstanding sums for beer. Courage Ltd claimed that Crehan had not paid for deliveries of beer. Crehan argued that the agreement was contrary to TEC article 81, and unenforceable, and counterclaimed for damages. It was shown that free houses were able to buy beer at much lower prices than tied tenants, reducing their profitability.
Inntrepreneur had sought negative clearance from the Commission in 1992 that it could not infringe competition law under TEC article 81(3). In 1994, Crehan and others applied for a declaration that there was an infringement. In 1997, after a different agreement was negotiated, Inntrepeneur withdrew its application, and the Commission stated (given the withdrawal) now that only the national court could decide.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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