The Irish High Court grants a permanent injunction against the plaintiff undertaking who fails to prove that exclusivity clauses in retail contracts breach Art. 81 and 82 EC (Masterfooods / Ice Cream)

Facts HB Ice-Cream Ltd., hereinafter HB, was an ice-cream manufacturer in Ireland which exerted considerable market power. HB had concluded contracts with many Irish retailers which included a so-called “exclusivity clause”; this clause stipulated that HB would provide the retailers with freezers, at no charge or at a nominal charge, provided that the latter used these freezer for the purpose of stocking, advertising and selling only HB ice-creams. It is noteworthy that this clause did not prevent the retailer from stocking similar products of other manufacturers in other freezers nor were the retailers obliged to stock their HB products in HB freezers. Moreover, although these freezers remained the absolute property of HB throughout the agreement, either HB or the retailers could

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  • London School of Economics (London)

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Orla Lynskey, The Irish High Court grants a permanent injunction against the plaintiff undertaking who fails to prove that exclusivity clauses in retail contracts breach Art. 81 and 82 EC (Masterfooods / Ice Cream), 28 May 1992, e-Competitions Effect on interstate trade, Art. N° 1243

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