Skip to content

Netherlands

16

of 50 Netherlands cases

Commercial LitigationConsumer products

NetherlandsPart of the Netherlands collection, outside the ranked index.

Macedonian Thrace Brewery v. Heineken

Macedonian Thrace Brewery S.A. v. Heineken N.V. and Athenian Brewery S.A.

Amsterdam court orders Heineken to pay Greek rival €111M

At stake
€111.2M judgmentAbout $124.6M in US dollars
Score
42.6Provisional, impact not rated yet
Latest event
Oct 21, 202611 days ago
Next step
Not scheduledNothing dated on the record yet
Commenced
Feb 23, 20179 yr 8 mo ago
Court
District Court of AmsterdamC/13/701248 / HA ZA 21-421

Macedonian Thrace Brewery (MTB), maker of Vergina beer, sued Heineken and its Greek subsidiary Athenian Brewery in the District Court of Amsterdam. It sought damages for an abuse of dominance on the Greek beer market that Greece’s competition authority found for 1998 to 2014. On October 21, 2026, the court ordered both companies to pay €111.2M, most of it interest. Heineken has said it considers an appeal the appropriate step.

Latest development Oct 21, 2026

On October 21, 2026, the District Court of Amsterdam ordered Heineken and Athenian Brewery to pay MTB €111.2M, jointly and severally. The sum comprises €43.3M in damages and €67.9M in interest. The judgment is provisionally enforceable, and Heineken said it considers an appeal the appropriate step.

Why it matters

The case tests whether a Dutch parent can be sued at home and held jointly liable for a foreign subsidiary’s abuse of dominance in another EU market. The Supreme Court has settled jurisdiction, and interest makes up about 61% of the sum ordered at first instance.

Background

The Hellenic Competition Commission (HCC) decided on September 19, 2014, that Athenian Brewery (AB) had abused a dominant position on the Greek beer market from 1998 to 2014. The decision, published on December 15, 2015, found practices aimed at excluding competitors. The HCC fined AB about €31M, later reduced to €27M, and Greece’s Council of State dismissed AB’s last appeal on May 31, 2023. Heineken N.V. indirectly held about 98.8% of AB during the period.

Macedonian Thrace Brewery (MTB), a brewery in Komotini that launched the Vergina brand in 1998, sued Heineken and AB in the District Court of Amsterdam on February 23, 2017. It claimed €82M in lost profits, arguing that without the abuse it would have sold more beer at higher prices and lower costs. On May 9, 2018, the court accepted jurisdiction over Heineken but not over AB. The Court of Appeal of Amsterdam held on February 16, 2021, that Dutch courts also have jurisdiction over AB.

AB and Heineken took that question to the Supreme Court of the Netherlands, which referred questions to the Court of Justice of the European Union (CJEU) on June 23, 2023. The CJEU answered on February 13, 2025, and the Supreme Court dismissed the appeals on May 29, 2026. The case meanwhile continued in Amsterdam. The district court held that Greek law governs the claims and that the HCC finding binds it. On October 23, 2024, it held Heineken jointly and severally liable with AB as part of the same undertaking.

On February 18, 2026, the court largely accepted MTB’s damages model but corrected it for excise duty increases in 2016 and 2017. Its final judgment of October 21, 2026, awarded €43.3M in damages and €67.9M in interest. It added Greek litigation interest from October 1, 2026, and €800,000 for MTB’s economic expert. The judgment is provisionally enforceable. Heineken said it disagrees with important aspects of the decision and that an appeal is the appropriate step.

Timeline 10 events

  1. Judgment
    Amsterdam court orders Heineken and Athenian Brewery to pay €111.2M

    The sum comprised €43.3M in damages and €67.9M in interest. Heineken said it considers an appeal the appropriate step.

    District Court of Amsterdam: ECLI:NL:RBAMS:2026:10277FoodBev Media

  2. Appeal
    Supreme Court dismisses the jurisdiction appeals of Heineken and Athenian Brewery

    The ruling confirmed that Dutch courts have jurisdiction over the claim against the Greek subsidiary.

    Supreme Court of the Netherlands: ECLI:NL:HR:2026:814

  3. Judgment
    District court sets the basis for calculating MTB’s lost profits

    The court largely accepted MTB’s damages model on volume and costs but excluded price effects of the 2016 and 2017 excise duty increases.

    District Court of Amsterdam: ECLI:NL:RBAMS:2026:1692

  4. Judgment
    EU Court of Justice answers the Dutch questions in Case C-393/23

    The court held that the parent’s domicile court may take jurisdiction over a subsidiary where decisive influence cannot be ruled out from the start.

    Supreme Court of the Netherlands: ECLI:NL:HR:2026:814

  5. Judgment
    District court holds Heineken jointly and severally liable

    The court found that Heineken exercised decisive influence over Athenian Brewery, so both formed one undertaking and Heineken shares liability for MTB’s damages.

    District Court of Amsterdam: ECLI:NL:RBAMS:2024:6476

  6. Order
    Supreme Court refers the jurisdiction question to the EU Court of Justice

    The Supreme Court asked whether the presumption that a parent decisively influences a wholly owned subsidiary applies when a court tests its jurisdiction over that subsidiary.

    Supreme Court of the Netherlands: ECLI:NL:HR:2023:965

  7. Appeal
    Court of Appeal of Amsterdam extends jurisdiction to Athenian Brewery

    The appeal court held that the claims against Heineken and its Greek subsidiary were closely connected and sent the case back to the district court.

    Court of Appeal of Amsterdam: ECLI:NL:GHAMS:2021:509

  8. Judgment
    District court accepts jurisdiction over Heineken but not Athenian Brewery

    The court held that it had jurisdiction over the Dutch holding company under the Brussels I bis Regulation but declined jurisdiction over the Greek subsidiary.

    District Court of Amsterdam: ECLI:NL:RBAMS:2018:3203

  9. Filing
    Macedonian Thrace Brewery sues Heineken and Athenian Brewery in Amsterdam

    MTB claimed €82M in principal for profits it says it lost because of the abuse found by the Greek authority.

    District Court of Amsterdam: ECLI:NL:RBAMS:2026:10277

  10. Other
    Greek competition authority finds Athenian Brewery abused its dominance

    The Hellenic Competition Commission found a single continuous infringement on the Greek beer market from 1998 to 2014 and fined Athenian Brewery about €31M. The decision was published on December 15, 2015.

    District Court of Amsterdam: ECLI:NL:RBAMS:2026:1692