Rule‑Breaking Brewer – Heineken Slammed by African Regulator and European Court
Posted on April 22, 2025 in Heineken, Sabotage, Greece, Kenya, UgandaIn the first four months of 2025, Heineken has already been caught flouting competition laws in two major jurisdictions – fined Sh116.6 million ($900 000) by the Common Market for Eastern and Southern Africa (COMESA) and ordered by the European Court of Justice (ECJ) to face a €180 million damages claim over its Greek subsidiary’s abuses .
On April 14, 2025, COMESA’s Competition Commission concluded that Heineken Holding breached Article 16(1) of the COMESA Competition Regulations by imposing Territorial Restrictions, Single‑Branding clauses and Minimum Resale Price Maintenance on its distributors across 19 member states. These illegal clauses carve up markets along national borders and force distributors to favour Heineken brands. In a non‑admission settlement, Heineken agreed to pay $900 000 (Sh116.6 million), audit and strip its distribution agreements of these provisions, train staff on compliance and submit annual compliance reports for three years .
Meanwhile, in February 2025 the ECJ ruled that Heineken N.V. cannot dodge liability for the anti‑competitive conduct of its 98.8 percent‑owned Athenian Brewery. Greece’s competition authority had fined Athenian Brewery €31.5 million in 2015 for pressuring wholesalers and distributors to shut out rival beers. The ECJ confirmed that the parent and subsidiary form “one and the same undertaking,” clearing the way for a damages claim of over €180 million – with more than €7.8 million in interest accruing each year – to be heard in the Netherlands .
Heineken’s pattern of cheating competition rules extends beyond Africa and Greece. Its subsidiaries has been under investigation or fined in Austria, the UK, India and the US for similar abuses – from exclusionary practices by Brau Union in Austria to ongoing probes by the UK Competition and Markets Authority. By ignoring the laws and regulations, Heineken cheats competitors and undermines the public interest.
Sabotage is Big Alcohol’s deliberate actions to damage and obstruct people’s access to public goods. This strategy comprises calculated actions to break and undermine society’s rules, laws, and regulations. This strategy also includes willful activity that jeopardizes people’s access to essential resources such as water and basic food. And it includes Big Alcohol’s deliberate activities to damage or disrupt the proper functioning of society’s institutions, preventing them from addressing alcohol-related harm in the public interest. Examples of this strategy include corruption, bribery, tax evasion and avoidance, price-fixing cartels, violations of alcohol marketing rules, and other unethical practices, such as depleting scarce drinking water.