Competition Authority Notification No: CA/768/92E: J. Donohue Ltd/Bubble Up International Ltd (The Monarch Company)

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COMPETITION AUTHORITY

Decision no. 552

Competition Authority Decision of 27 May 1999 relating to a proceeding under Section 4 of the Competition Act, 1991

Notification no. CA1768/92E - J Donohoe Ltd/Bubble Up International Ltd (The Monarch Company)

Abstract:

Notification under section 4 of Competition Act 1991 – Exclusive bottling and distribution agreement – Bubble Up had given exclusive licence and right J. Donohue Ltd to manufacture, bottle and distribute Bubble Up beverages in specified counties – Lemon-lime beverage – Bubble-Up trademark – Market share – Likely impact on competition – Agreement between potential competitors.

Introduction

1 Notification was made by J Donohoe 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 grant a certificate, a licence under Section 4(2) in respect of an exclusive bottling and distribution agreement.

1. (a) The Subject of the Notification

   2. The Notification is an exclusive bottling and distribution agreement where Bubble Up International Ltd. have given exclusive licence and right to J Donohoe Ltd to manufacture bottle and distribute Bubble-Up beverages in the counties of Carlow, Wexford, Waterford, Kildare and Wicklow.

2. (b) The Parties Involved

   3. J Donohoe Ltd is the parent company in a group of companies, several of which also distribute drinks products in the geographic area affected by the arrangements. Other companies in the group are involved in other trades (motor sales, computer services) and are unaffected by these arrangements.

   4. The subsidiary companies also involved in the drinks trade are:

   Patrick Keily & Sons (1957) Ltd,Waterford	100% owned	Wholesale Drinks distributor
   Thomas Power & Co. Ltd, Dungarvan, Co. Waterford	100% owned	Wholesale Drinks distributor
   Mr J Keane & Co. Ltd, Dungarvan, Co. Waterford	100% owned	Wholesale Drinks distributor

   ...