The High Court yesterday ruled that Heineken Ireland Ltd had not abused its position in the lager market here by refusing to supply kegged Heineken to a drinks wholesaler.
Ballina Mineral Water Company Ltd (BMWCL) had complained that the refusal by Heineken to supply it amounted to discrimination and put it at an unfair disadvantage against other wholesalers in Westport, Boyle and Longford who were supplied.
At Cork Circuit Court last March, BMWCL was awarded £7,500 when the trial judge found HIL had abused its position in the draught lager market by virtue of its refusal to supply.
HIL appealed this decision in the High Court. BMWCL said it had previously obtained supplies of kegged Heineken through a "back-door route", with a local publican ordering sufficient supplies both for himself and the company, which it then sold on at a margin to other publicans.
Ruling in favour of HIL yesterday, Mr Justice Kearns said that while he was impressed with the evidence and demeanour of the plaintiff's directors in evidence, he was satisfied that the appeal must succeed on virtually all grounds.
He did not accept that Heineken was in a dominant position in either the beer or lager markets or that there had been any evidence of abuse of its position.