The House of Lords' departure from the European Commission's economic analysis in Crehan in a cause for concern, says Paul Stanley
Inntrepreneur Pub Co (CPC) v Crehan  UKHL 38 has a long history. The basic facts were simple. Mr Crehan entered into agreements with Inntrepreneur (a company formed to facilitate the merger of the tied estates of Courage and Grand Metropolitan) in 1991. He ran two pubs in Staines. The venture was unsuccessful. When Crehan was sued by Inntrepreneur for arrears, he argued that the tying obligations in his leases were contrary to Art 81, EC, and claimed damages.
Inntrepreneur took the point that if the agreements were unlawful, then Crehan himself was party to them, and could not recover damages for his own wrong. That contention initially found favour with English judges, b...