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Sunkist / C&C. [1999] IECA 557 (21st June, 1999)

COMPETITION AUTHORITY

Competition Authority Decision of 21 June 1999 relating to a proceeding under Section 4 of the Competition Act, 1991

Notification No CA/526/92E: Sunkist/C&C.

Decision No. 557

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Competition Authority Decision of 21 June 1999, relating to a proceeding under Section 4 of the Competition Act, 1991.

Notification No CA/526/92E: Sunkist/C&C.

Decision No. 557

Introduction

1. Notification was made by Cadbury Beverages Ltd on behalf of Sunkist Soft Drinks (British Isles) Ltd on 30 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 grant a certificate, a licence under Section 4(2) in respect of a Bottlers Agreement CA/526/92E between Sunkist and C&C.

The Decision

2. The Competition Authority considers that, on the basis of the facts in its possession, the bottlers agreement (Notification No. CA/526/92E) between Sunkist and C&C, has expired. 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 has no legal consequences 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,

Professor Patrick McNutt

Chairperson

21 June 1999