Ice cream freezer war hots up

As we went to press, Unilever Ireland was preparing itself for a European Commission (EC) ruling banning it from excluding rivals’ ice cream products from being sold in its freezers.
Although the case under scrutiny is part of long running feud between Unilever and Mars regarding freezer exclusivity in Ireland only, the EC decision will effectively extend to all EU member states, especially since Unilever’s practice has been challenged in other EU countries.
Mars’ case, which it originally took up in 1991, is that freezer exclusivity obtained on the basis of cabinets lent to shops is unfair because most shops benefiting from the loans only have room for one freezer. This practice contravenes the EU’s founding treaty, which outlaws restrictive agreements and abuses of a dominant status.
However, Unilever has vowed to take its case to the European Court if the EC, as is expected, rules in favour of Mars. The Anglo-Dutch company said in a statement that the matter of freezer exclusivity was still pending before the Irish Supreme Court, a case it believes it could yet win. In 1992, the Irish High Court set a precedent when it ruled in favour of HB Ice Cream and preserved cabinet exclusivity for company-owned cabinets.