The Irish High Court accepts in principle yet rejected on the facts a claim based on Art. 82 EC in a civil action (Cadbury Ireland/Kerry Co-operative Creameries)

Factual background The second defendant undertaking in this case, Dairy Disposal, is an undertaking which, under the watchful eye of the Minister for Agriculture, disposes of significant statutory powers to acquire privately owned creameries and to possibly transfer them to co-operative societies of farmers. The plaintiff undertaking is a chocolate manufacturer who owns an operation in the county of Kerry (one of 26 counties in the Republic of Ireland) where chocolate is manufactured using large quantities of milk. When considering expanding its production in 1964, the plaintiff approached Dairy Disposal with a view to procuring a guarantee from it that adequate quantities of milk would be supplied to Cadbury for future surplus

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  • London School of Economics (London)

Quotation

Orla Lynskey, The Irish High Court accepts in principle yet rejected on the facts a claim based on Art. 82 EC in a civil action (Cadbury Ireland/Kerry Co-operative Creameries), 1 December 1982, e-Competitions Effect on interstate trade, Art. N° 1219

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