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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

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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.