top of page

Parent liable for Greek subsidiary: Heineken ordered to pay € 111.2 million

Writer: Caspar van der Winden
Caspar van der Winden
6 days ago
2 min read

On 21 October 2026, the Amsterdam District Court delivered its final judgment in the case brought by Greek brewer Macedonian Thrace Brewery (MTB) against Heineken N.V. and its Greek subsidiary Athenian Brewery (AB). Both must pay € 111.2 million on a joint and several basis (ECLI:NL:RBAMS:2026:10277). The judgment shows how far a parent company's liability for a foreign subsidiary can extend, and how heavily interest can weigh.

A follow-on case with a long history

The abuse itself had already been established. In 2014 the Hellenic Competition Commission (HCC) found that AB had abused its dominant position on the Greek beer market from September 1998 to September 2014. MTB then sought compensation before the Dutch courts, claiming a principal amount of € 82 million. Whether the Dutch court also had jurisdiction over AB was settled after the Dutch Supreme Court referred questions to the Court of Justice of the EU (judgment of 13 February 2025, C-393/23). Since the Supreme Court dismissed the appeals in cassation on 29 May 2026, that jurisdiction is final.

Why the parent pays too

In an interim judgment of 23 October 2024, the court had already found that Heineken, which during the relevant period indirectly held 98.8% of AB's capital, exercised decisive influence over AB's conduct. Parent and subsidiary therefore formed a single undertaking within the meaning of Article 102 TFEU, making Heineken jointly and severally liable with AB. Competition law looks through the corporate veil here.

Interest exceeding the damage

The court assessed the damage at just over € 43.3 million. Following a judgment of the Court of Justice of 30 April 2026 (C-191/25), it departed from an earlier final ruling on interest: interest runs from the moment the damage arose. Up to 1 October 2026, interest therefore amounts to almost € 67.9 million. According to the court, this is not overcompensation but a 'not unusual' consequence of the long duration of such proceedings. The judgment is provisionally enforceable.

Practical tips

  • In an acquisition, explicitly include competition investigations and decisions concerning (foreign) subsidiaries in the due diligence, including possible follow-on claims.

  • Allocate the risk of such claims in the purchase agreement, taking into account interest accruing over a long period.

  • Organise competition compliance across the group: where there is decisive influence, the parent company may be liable for what a subsidiary does.

Read more about our services in this area under our specializations. Questions about your own situation? Contact us.

This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.

bottom of page