Background
Request for referral of the acquisition of Boissons Heintz by Brasserie Nationale
On 7 February 2024, the Authority submitted a request to the European Commission to examine the acquisition of Boissons Heintz by Brasserie Nationale under the European merger control rules.
In its request, the Authority argued in particular that this acquisition threatened to significantly affect competition within Luxembourg by combining the country’s two main beverage wholesalers. According to the Authority, the acquisition was also likely to affect trade between Member States by hindering access for foreign beverage producers (notably beer and mineral water) to the relevant Luxembourg markets.
On 15 March 2024, the European Commission accepted the Authority’s request for referral, deciding to examine the acquisition of Boissons Heintz by Brasserie Nationale and requiring the latter to notify the transaction.
Action brought by Brasserie Nationale before the General Court of the European Union in Case T-289/24
On 3 June 2024, Brasserie Nationale and its distribution subsidiary Munhowen brought an action before the General Court of the European Union against the European Commission’s decision of 15 March 2024 to examine the acquisition of Boissons Heintz by Brasserie Nationale under the European merger control rules.
On 30 August 2024, the Authority applied to intervene in support of the European Commission’s submissions, in which the Commission asked the General Court of the European Union to dismiss the action brought by Brasserie Nationale and Munhowen.
By order of 3 October 2024, the President of the Sixth Chamber of the General Court of the European Union granted the Authority leave to intervene. The President of the Sixth Chamber considered that the Authority had a direct interest in the outcome of the dispute, as it had a significant impact on the exercise of the powers conferred to the Authority by Luxembourg law.
In its judgment of 2 July 2025 in Case T-289/24n, the General Court of the European Union dismissed the action brought by Brasserie Nationale and Munhowen SA, thereby confirming the Commission’s decision to examine, at the request of Luxembourg, the acquisition of Boissons Heintz by Brasserie Nationale.
Conditional authorisation of the acquisition by the Commission
On 17 July, the European Commission authorised, subject to conditions, the acquisition of sole control of Boissons Heintz S.à.r.l. by Munhowen S.A., the distribution subsidiary of Brasserie Nationale S.A.
To address the Commission’s concerns, the parties undertook to divest the majority of Boissons Heintz’s on-trade business to a suitable purchaser, including all necessary assets and staff.
Appeal by Brasserie Nationale and Munhowen S.A. against the judgment of the General Court of the EU
On 29 August 2025, Brasserie Nationale and Munhowen SA lodged an appeal in Case C-572/25 P seeking the annulment of the judgment of the General Court of the European Union of 2 July 2025, Brasserie Nationale and Munhowen v Commission (T-289/24), by which the General Court dismissed the action seeking the annulment of the European Commission’s decision of 14 March 2024.
The Competition Authority of the Grand Duchy of Luxembourg is a party to the proceedings.
