Connolly v Loughney and McCarthy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1953
• Date: 01 January 1953
• Court: High Court

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...