In defence of the free movement in Spain of genuine SCHWEPPES EU products

Ever since I started importing leading-brand products back in 1992, I have come up against many obstacles, and so far I have fought and overcome every one of them. I have never shrunk from pressure from large companies and I have always responded with equal or greater force than their attacks.

I have always believed it essential that distribution companies should be able to trade freely, and I have always opposed the suffocating contracts that some large manufacturers impose on their distributors. Especially on the so-called "traditional" distributor, the one serving the HORECA channel.

I am now living through a new chapter in this story of fighting giants, already familiar to many, concerning the sale of SCHWEPPES branded products, for which my company RED PARALELA was sued last year.

And what better way to respond to that lawsuit than with a strong counter-attack? That is why I have brought a claim against the initiatives of SCHWEPPES S.A. aimed at obstructing parallel imports of EU products bearing the legitimate SCHWEPPES trademark before the Juzgado Mercantil nº 8 de Barcelona (Barcelona Commercial Court No. 8), in ordinary proceedings no. 774/2014.

I am writing all this to give a general account of what has happened, but above all to let any distributors or importers who have been harmed by the anti-competitive initiatives of SCHWEPPES know that, under article 13 of the Ley de Enjuiciamiento Civil (Spanish Civil Procedure Act), they can join these proceedings as an interested party.

If this applies to you, you should know that your support for RED PARALELA's claim against SCHWEPPES will undoubtedly strengthen it. Above all, it will show that you are not collaborating in SCHWEPPES's anti-competitive initiatives, and it will put you in an excellent position to seek the annulment of any agreements you signed with SCHWEPPES S.A. for this reason, as well as damages for the harm caused, including loss of profits.

Such support for RED PARALELA's lawsuit may also be relevant to the Comisión Nacional de los Mercados y la Competencia (CNMC, Spain's National Markets and Competition Commission), which is also examining SCHWEPPES's anti-competitive conduct as a result of my complaint.

So, if you have signed an agreement with SCHWEPPES against your true will and you want redress, to have it annulled, to claim compensation, to FIGHT, I will stand by your side. Do not hesitate to contact me (joan@redparalela.com, 696961904, Skype "joangrau") or my lawyer David Pellisé.

In any case, thank you for your attention.