Canada Dry Corporation Ltd./ Cantrell & Cochrane [2001] IECA 586 (16th May, 2001)
Since the drinks franchise agreement expired on 31 December 2000, and under Section 7(3) of the Competition Act, 1991, no licence can be awarded for the period during which the agreement operated, the Authority decided to close the file without considering the merits of issuing a certificate or licence.
- Citation
- [2001] IECA 586
- Parties
- Notifier: Canada Dry Corporation Ltd.; Notifier: Cantrell & Cochrane Group Ltd; Agent for Notifier: Cadbury Beverages Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Notification
- Outcome
- file closed without consideration of certificate or licence
- Legal Topics
- Franchise Agreement, Certificate Under Competition Act 1991, Licence Under Competition Act 1991, Agreement Termination
Case Brief
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Parties
Canada Dry Corporation Ltd.
Notifier
Cantrell & Cochrane Group Ltd
Notifier
Cadbury Beverages Ltd
Agent for Notifier
Procedural Posture
Competition Notification / Decision on Notification
Legal Issues
- 1 Whether a certificate or licence can be issued under Section 4 of the Competition Act, 1991 for an expired franchise agreement
Ratio Decidendi
Since the drinks franchise agreement expired on 31 December 2000, and under Section 7(3) of the Competition Act, 1991, no licence can be awarded for the period during which the agreement operated, the Authority decided to close the file without considering the merits of issuing a certificate or licence.
Court Disposition
file closed without consideration of certificate or licence
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