Picketing farmers had tried to force up price of milk, court is told

A number of farmers who continued to picket a Co Donegal dairy company last week in breach of High Court orders had flouted the…

A number of farmers who continued to picket a Co Donegal dairy company last week in breach of High Court orders had flouted the law in a campaign to force up the retail price of milk, the High Court was told yesterday.

Mr Denis McDonald SC, with Mr David Barniville, for the Competition Authority, said what had occurred during the blockade of the premises of Natural Dairies Ltd at Convoy, Co Donegal amounted to a revolving picket with those involved changing every day. It would have been appalling if the authority had not acted against such open and brazen flouting of the law.

Counsel claimed the farmers involved were engaged in a practice aimed at fixing the price of milk which retailers could charge their customers.

During last week's proceedings, it was alleged some demonstrators had indicated to Natural Dairies they would continue to picket its premises until it undertook to put pressure on its sole customer, the Dunnes Stores Group, to raise the price of a two-litre carton of processed milk from 86p to 95p.

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Yesterday, Mr John Rogers SC, for two Co Meath farmers - Mr Patrick Jennings and Mr Dermot Lally - said his clients and other farmers, who are alleged to have breached the court order, were decent people who wished to obey the law. They wanted to express regret and apologise for the situation at Convoy which was now apparently over.

Mr Rogers asked for an easing of the terms of an interlocutory injunction sought by the Competition Authority, pending the full trial of the action between the parties. He wanted his clients to be able to campaign lawfully to amend the price at which processed milk was sold.

Mr Justice Smyth ordered that Mr Jennings, of Gallow, Kilcock, Co Meath and Mr Lally, of Tribley, Kilmessan, Co Meath and all those acting in concert with them be restrained from implementing any agreement, decision or practice that was or might be prohibited by Section 4 of the 1991 Competition Act.

He also ordered them not to seek the compliance by any third parties to such an agreement, and from picketing or blockading the Convoy premises in furtherance of any agreement such as might be prohibited by the Act.

The order also prohibits interference with Natural Dairies' lawful business, its contractors and employees and directs those affected to remove all vehicles and obstructions placed at the dairy's premises.