Judgment_paragraph 21 · Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland (C-333/14)

21In the main proceedings, it must be observed that the effect of imposing an MPU is that it will be impossible, in any event, for the retail selling price of wines, produced locally or imported, to be lower than the obligatory minimum price. Such a measure is therefore liable to undermine competition by preventing some producers or importers from taking advantage of lower cost prices so as to offer more attractive retail selling prices (see, to that effect, judgments in Commission v France, C‑197/08, EU:C:2010:111, paragraph 37, and Commission v Ireland, C‑221/08, EU:C:2010:113, paragraph 40).