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URL: http://www.bailii.org/ie/cases/IECompA/2001/586.html
Cite as: [2001] IECA 586

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Canada Dry Corporation Ltd./ Cantrell & Cochrane [2001] IECA 586 (16th May, 2001)

Competition Authority
Competition Authority Decision of 16 May 2001 relating to a proceeding under Section 4 of
the Competition Act, 1991
Notification No. CA/525/92E – Canada Dry Corporation Ltd/ Cantrell & Cochrane
Decision No. 586
Price £0.20, €0.25
£0.60, €0.76 incl. postage
Competition Authority Decision of 16 May 2001 relating to a proceeding under Section 4 of the Competition Act, 1991
Notification No. CA/525/92E – Canada Dry Corporation Ltd/ Cantrell & Cochrane
Decision No: 586
Introduction
1 Notification was made by Cadbury Beverages Ltd (acting on behalf of Canada Dry
Corporation Limited) and Cantrell & Cochrane Group Ltd on 30th September 1992 with a
request for a certificate under Section 4(4) of the Competition Act, 1991 or, in the event of a
refusal by the Competition Authority to issue a certificate, a licence under Section 4(2) in
respect of a drinks franchise agreement.
The Decision
2 The Competition Authority considers that, on the basis of the facts in its possession,
the drinks franchise agreement (Notification No. CA/525/92E) between Canada Dry
Corporation Limited and Cantrell & Cochrane Group Limited expired on 31 December 2000.
The Agreement in question was in existence at the time the Competition Act, 1991 came into
force. The Authority has set out in Decision No. 527 its reasons for concluding that where
such an agreement has terminated, a decision to issue or not to issue a certificate is of limited
legal consequence and, by virtue of Section 7(3), no licence can now be awarded for the
period during which the agreement operated. The Authority has, therefore, decided to close
the file without considering whether or not the agreement merits a certificate or licence
For the Competition Authority
Paul Gorecki
Member
16 May 2001.


© 2001 Irish Competition Authority


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URL: http://www.bailii.org/ie/cases/IECompA/2001/586.html