had formed a price cartel in the years
from 1996 to
1999. Three of the companies involved have been
fined a total of €273.783 million. The
company InBev was exempted from fines because of its
cooperation under the Commission's leniency program
which lead to the uncovering of the cartel.
According to the findings of the Commission the four
breweries coordinated prices and price increases of
beer in The Netherlands,
both in the on-trade
segment of the market (hotels, restaurants and
cafés) and the off-trade segment (supermarkets and
private label beer). In the on-trade market segment
the brewers coordinated the rebates granted to pubs
and bars using the "sliding scale" and in so doing
removed the main element of pricing. First estimates
suggest that the total damage caused by the cartel
amounts to several 100 million euro.
In the case of the Dutch beer cartel the affected
persons face the typical case of damage spreading.
Damages might emerge on every step of the sales
chain including beverage markets, grocery stores,
bars, restaurants and the end-consumers. The
allocation of the individual damage is complex as
the price increases caused by the cartel affected
not only the first sales level but partially have
been handed over to the end-consumers (see
Legal
damage determination).