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Cantrell & Cochrane (Dublin) Ltd./ Pepsi Co. Inc. [2001] IECA 588 (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/305/92E - Cantrell & Cochrane (Dublin) Ltd. / Pepsi Co. Inc.

Decision No. 588

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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/305/92E - Cantrell & Cochrane (Dublin) Ltd. / Pepsi Co. Inc.

Decision No: 588

Introduction

1 Notification was made by Cantrell & Cochrane (Dublin) Ltd (C&C) 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 issue a certificate, a licence under Section 4(2)

in respect of an agreement whereby Pepsi Co. Inc. appointed C&C as its exclusive bottler, to

bottle, sell and distribute beverages under the trademarks Pepsi-Cola and Pepsi.

The Decision

2 The Competition Authority considers that, on the basis of the facts in its possession,

the bottling agreement (Notification No. CA/305/92E) between Cantrell & Cochrane

(Dublin) Ltd and Pepsi Co. Inc. expired in 1999. The Agreement in question was in existence

at the time the Competition Act, 1991 came into force. The Authority has set out in Decision

1. 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.

2. 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.