Two defendants in a breach of contract claim successfully demonstrated that the contract concerned was anti-competitive and therefore unenforceable. The 25 January 2008 decision by the Scottish Court of Session, in Calor Gas Ltd –v- Express Fuels (Scotland) Ltd and others, related to the sale of Liquid Petroleum Gas (LPG) cylinders in the UK. The defendants were accused of breaching Calor’s five-year exclusivity clause (whereby they could only purchase and sell Calor gas cylinder LPG) and the post termination clause (which prevented them from handling Calor gas cylinders after termination of the contract). However, the Court found that these contracts formed part of a network of agreements that foreclosed the market to new entrants. Calor’s share in that market was approximately 50 per cent and therefore was unable to claim the automatic benefit of the Vertical Agreement Block Exemption which would have allowed them to enforce the exclusivity and post-termination restraint of trade provisions. As these terms breached Article 81(1) Calor’s contractual claims against the defendants failed.