Connolly v Loughney and McCarthy

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1953
Date01 January 1953
Connolly
and
Loughney and McCarthy

Combination of traders to keep prices and general conditions of supply, etc., at certain level - Predominant object of association - Price cutting - Inducing withdrawal of supplies from trader cutting prices - Conspiracy - Threats - Absence of intention to injure.

The defendants were officials of the Retail Grocery, Dairy and Allied Trades'Association which purported to fix minimum retail prices for certain goods ordinarily stocked and sold by retail grocers, including the plaintiff. They sought to enforce their policy by threatening wholesalers, who supplied goods to retailers selling at less than the minimum prices, with the withdrawal of custom from them by members of the Association. The plaintiff sold goods at less than the minimum prices and at the instigation of the Association certain wholesalers refused to supply him further with goods. Held that although the plaintiff had suffered damage this was not the predominant purpose of the Association which was the legitimate promotion of the interests of its members and, since the means employed were neither criminal nor tortious in themselves, the combination was not unlawful; the defendants had not committed, or threatened...

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5 cases
  • Hegarty v Governor of LImerick Prison
    • Ireland
    • High Court
    • 1 January 1998
    ...S30 TRIMBOLE, STATE V GOV OF MOUNTJOY PRISON 1985 IR 550 R V COTRONI 45 CCC 1 PAPALIA V REG 45 CCC 1 CONNOLY V LOCHNEY & MCCARTHY 1953 87 ILTR 49 DPP, PEOPLE V KENNY 1990 2 IR 110 DPP, PEOPLE V KEHOE 1985 IR 444 EXTRADITION ACT 1965 PART II EXTRADITION ACT 1965 S27 EXTRADITION ACT 19......
  • Taylor v Smyth
    • Ireland
    • Supreme Court
    • 1 January 1991
    ...65 METTALL UND RHOSTOFF V DONALDSON INC 1989 3 WLR 563 EEKELAAR, JOHN "THE CONSPIRACY TANGLE" 106 LQR 223 CONNOLLY V LOUGHNEY 87 ILTR 49 MESKELL V CIE 1973 IR 121 MCMAHON & BINCHY IRISH LAW OF TORTS 2ED 444–446, 574 TRU VALUE V SWITZER & ORS UNREP HIGH 10.3.1972 ROOKES V ......
  • Thomas Beausang and Another v Irish Life and Permanent Plc and Others
    • Ireland
    • High Court
    • 13 January 2014
    ...of these decisions pre-dated the enactment of the Competition Act 1991 and the Competition Act 2002). 30 30. In Connolly v. Loughney (1953) 87 I.L.T.R. 49 the defendants were officials of the Retail Grocery, Dairy and Allied Trades' Association who were said to have pursued a lawful means c......
  • Iarnród Éireann v Holbrooke
    • Ireland
    • High Court
    • 14 April 2000
    ...UNREP SUPREME 16.12.1975 MCGOWAN V MURPHY UNREP SUPREME 10.4.1967 MASKELL V CORAS IOMPAIR EIREANN (CIE) 1973 IR 212 CONNOLLY V LOUGHNEY 87 ILTR 49 TRADE UNION ACT 1942 S2 TRADE UNION ACT 1941 S6(1) TRADE UNION ACT 1941 S6(3) NATIONAL COAL BOARD V NATIONAL UNION OF MINE WORKERS 1986 ICR 73......
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