Quimbee logo
DMCA.com Protection Status

SA Binon & Cie v. SA Agence et Messageries de la Presse

1985 E.C.R. 2015 (1985)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

SA Binon & Cie v. SA Agence et Messageries de la Presse

European Union Court of Justice

1985 E.C.R. 2015 (1985)

Facts

SA Binon & Cie (Binon) (plaintiff) sued SA Agence et Messageries de la Presse (AMP) (defendant), a newspaper and periodical distributor, in Belgian court after AMP refused Binon’s request for a supply of print media to sell in Belgium. AMP sold foreign and Belgian papers and operated within a selective-distribution system in which all retailers were approved by a committee. The Belgian court was under the impression that AMP set the prices retailers could charge for newspapers and periodicals, but AMP claimed that publishers set the prices. Regardless, both agreed that under the selective-distribution system, approved retailers were required to charge prices set by another actor in the vertical-distribution chain, reflecting a resale price maintenance agreement. The Belgian court certified a question to the European Union Court of Justice (EUCJ), asking whether the price-fixing agreement was compatible with the Treaty on the Functioning of the European Union (TFEU). In answering the question, the EUCJ accepted a submission by the Federal Republic of Germany, which concluded that the unique nature of print media, including the need for speedy and efficient distribution, and the financial burden associated with taking back unsold copies necessitated setting prices at the retail level. In addition, Germany pointed out that most European countries’ legislation permitted such price-fixing agreements in the newspaper and periodical industry.

Rule of Law

Issue

Holding and Reasoning

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership