A Dutch court has ruled that Heineken and its Greek subsidiary Athenian Brewery will likely have to pay at least EUR 43 million in damages to Macedonian Thrace Brewery (MTB) n a long-running competition dispute over the Greek beer market. When statutory interest is added, the total compensation could exceed EUR 83 million (USD 90 million), with additional expert costs potentially increasing the final sum.
The dispute originates from a landmark ruling issued in 2015 by the Hellenic Competition Commission, which found that Athenian Brewery, controlled by Heineken, had engaged in illegal anti-competitive practices in Greece’s beer market. The authority concluded that the company had abused its dominant position for more than 16 years, at a time when its market share had previously exceeded 70% before later declining to around 50%. According to the regulator, Athenian Brewery implemented targeted practices aimed at excluding competitors from wholesalers, hospitality venues such as hotels, bars and restaurants, as well as retail outlets. The commission initially imposed a penalty of EUR 31.5 million, later adjusted to EUR 26.7 million, and the decision was upheld in 2017 by the Administrative Court of Appeal in Athens. Following this ruling, MTB filed a EUR 100 million antitrust lawsuit against Heineken in the Netherlands in 2017, arguing that the practices had significantly limited the distribution of its beers in Greece despite the company’s steady growth since its founding in 1996 (inside.beer, 24.2.2017; inside.beer, 9.3.2021)
In an interim judgment issued on 18 February, the Amsterdam District Court endorsed the damages calculation methodology prepared by the economic consultancy Oxera for MTB. The court rejected counterarguments presented by Heineken and its expert adviser Charles River Associates.
The Dutch court also confirmed that Heineken and Athenian Brewery are jointly and severally liable for damages arising from the competition violation. Both parties must submit further statements by 18 March, while the final ruling on damages will only be delivered after the Supreme Court of the Netherlands decides on an appeal filed by Heineken and Athenian Brewery regarding jurisdiction. A decision from the court is expected later this month.
Demetri Chriss, director at MTB, said the judgment shows that European courts are prepared to award significant damages in cases involving abuse of market dominance in the beverage sector.
Based in Komotini, Greece, MTB is an independent brewing company founded on 1 February 1996 by brothers Demetri Politopoulos and Michael Politopoulos. The brewery remains 100% Greek-owned and is best known for its flagship brand Vergina Beer, with the first bottle of Vergina Premium Lager produced on 13 February 1998. Led by founder and CEO Demetri Politopoulos, a chemical engineer trained at the Siebel Institute of Technology, the company was created to establish a domestic Greek beer brand at a time when the market was largely dominated by multinational brewers. In 2014, MTB further expanded its operations by building a local malting facility to support Greek barley production and strengthen the domestic agri-food supply chain. Beyond its core lager, the brewery produces additional beers such as Vergina Red and Vergina Weiss, as well as the TUVUNU beverage made from Greek mountain tea, and has received international recognition at competitions including the European Beer Star.
The case may have broader consequences for the industry. Carlsberg and its subsidiary Olympic Brewery have also filed claims in Amsterdam seeking compensation from Heineken and Athenian Brewery over alleged anti-competitive conduct in Greece’s beer market.
