The Court ultimately rejected Gemmell’s argument that the beer tie breached Article 85, so its conclusions in respect of voidness and illegality were strictly obiter. However, there have recently been two High Court judgments which have followed the Court of Appeal’s reasoning, so it appears clear that the statements in Gibbs Mew may be treated as authoritative. Following the introduction of the new UK Competition Act 1998, the construction of which will be guided by English law judgments on corresponding matters of EC law, it would also appear that the courts are likely to take the same attitude towards contracts which breach the Act’s Chapter I prohibition, which mirrors Article 85.

Beverley Blakeney
Freshfields
London