Cadbury/Chivers [1993] IECA 219 (3rd December, 1993)
The agreement had expired before the Competition Act came into force; therefore, there was no agreement in existence to be notified, and the Authority could not issue a certificate or licence.
- Citation
- [1993] IECA 219
- Parties
- Notifier: Cadbury Ireland Ltd; Notified Party: Chivers & Sons Ltd; Notified Party: Schweppes Ltd; Notified Party: L. Rose & Co Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Notification
- Outcome
- notification invalid; certificate or licence refused
- Legal Topics
- Exclusive Distribution Agreement, Notification Under Competition Act, Agreement Between Undertakings, Expiry of Agreement Before Commencement of Act
Case Brief
Summary, issues, holding and outcome
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Parties
Cadbury Ireland Ltd
Notifier
Chivers & Sons Ltd
Notified Party
Schweppes Ltd
Notified Party
L. Rose & Co Ltd
Notified Party
Procedural Posture
Competition Notification / Decision on Notification
Legal Issues
- 1 Whether the exclusive distribution agreement was validly notifiable under the Competition Act
- 2 Whether the agreement was in existence at the time the Act came into force
Ratio Decidendi
The agreement had expired before the Competition Act came into force; therefore, there was no agreement in existence to be notified, and the Authority could not issue a certificate or licence.
Court Disposition
notification invalid; certificate or licence refused
Orders
- The Authority cannot issue a certificate or licence in respect of the notification.
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