Schweppes International Ltd./ Cantrell & Cochrane [2001] IECA 587 (16th May, 2001)

Since the drinks franchise agreement expired on 31 December 2000, and by virtue of Section 7(3) of the Competition Act, 1991, no licence can now be awarded for the period during which the agreement operated. The Authority therefore closed the file without considering the merits of issuing a certificate or licence.

Citation: [2001] IECA 587
Parties: Notifier: Schweppes International Limited; Notifier: Cantrell & Cochrane Group Limited; Agent for Schweppes International Limited: Cadbury Beverages Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Notification for Certificate or Licence
Outcome: file closed without consideration of merits
Legal Topics: Franchise Agreements, Certificates Under Competition Act 1991, Licences Under Competition Act 1991, Expiry of Agreements

Competition Law Franchise Agreements Certificates Under Competition Act 1991 Licences Under Competition Act 1991 Expiry of Agreements

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Parties

Schweppes International Limited

Notifier

Cantrell & Cochrane Group Limited

Notifier

Cadbury Beverages Ltd

Agent for Schweppes International Limited

Procedural Posture

Competition Authority Notification / Decision on Notification for Certificate or Licence

Legal Issues

1 Whether a certificate or licence can be issued under the Competition Act, 1991 for an expired drinks franchise agreement

Ratio Decidendi

Court Disposition

file closed without consideration of merits