The Competition Authority initiated legal proceedings against the Licensed Vintners Association (LVA) and Vintners' Federation of Ireland (VFI) alleging that their December 2008 "price freeze" announcement was in breach of High Court Orders that resulted from previous legal proceedings between the Competition Authority and the two organisations.

In 1998 the Competition Authority initiated legal proceedings against the LVA and VFI in relation to allegations of price fixing in the sale of alcoholic drinks. The Competition Authority agreed settlement terms with the LVA (in December 2003) and with the VFI (in May 2005) where the two associations undertook, among other things, not to recommend to their members the prices earned on the sale to the public of alcoholic beverages for consumption on licensed premises owned, managed or controlled by the associations' members.

In March 2009, the Competition Authority initiated proceedings alleging that the December 2008 "price freeze" announcement by the two organisations was in breach of these previous High Court Orders.

On 24 July 2009, the Court found the VFI and LVA to be in contempt of court because the December 2008 announcement by the associations amounted to a recommendation on price. Mr. Justice Liam McKechnie stated:

“The entire thrust of the release was a communication to the public regarding prices: it could not be said that the reference to prices was incidental, secondary or subordinate to another topic. It was at the core of the communication. I therefore cannot see how it can avoid being captured by the undertaking. … A member of the public would certainly feel that the recommendation related to the price they would pay.

There is therefore no doubt in my mind but that this was a recommendation by the defendants to their members on the prices on the sale to the public of alcoholic beverages for consumption on licensed premises owned, managed or controlled by their members. I thus find that the defendants have breached their first undertaking and are guilty of contempt of court in that regard.”

The LVA and VFI took the following action to purge their contempt:

• In open court, an unqualified apology was given to the Court in relation to their contempt;
• A joint press release was issued announcing an immediate end to the price freeze; and
• Their members were informed in writing of the withdrawal of the recommendation and were requested to remove all posters and public advertising of the price freeze.

Mr. Justice Liam McKechnie also instructed the associations to publish their press release in three Sunday papers.

The judgment of Mr. Justice Liam McKechnie is attached and can be downloaded from this page.