After years of litigation, a Burger-King-Wirt from Berlin has lost his fight against cheap lock-ups, with which the European management of the US chain wants to bring guests to the branches.
The cartel Senate of the Higher Regional Court has dismissed the action, the revision of the Federal Court was not allowed, as a spokeswoman for the court announced. The landlord could now appeal at most one complaint against the non-admission of the revision. The written opinion is still pending.
The defeat of the restaurateur had become apparent the day before at the hearing.
He argues that the ongoing discounts constitute a violation of antitrust law because the law prohibits suppliers from dictating prices to their traders.
The process involved long-lasting promotions, in which the parent company issued "non-binding price recommendations": a "King of the Month" for € 3.99 instead of the otherwise due € 6.49.
According to the landlord's argument, those were so low the fight prices that he made a loss with the sale of the so advertised burgers and menus.
However, the Munich judges do not see this as a prohibition on price maintenance: the stipulation of maximum prices is permitted, as presiding judge Andreas Müller explained at the oral hearing. Therefore, only fixed prices would be prohibited, in which the operators of the individual branches would neither raise nor lower the prices.
However, the European Burger King parent does not prohibit the landlords from selling the burgers cheaper than recommended.
. (tagsToTranslate) My-Money (t) Burger King (t) Process