24/10/2003 : The Court of First Instance in Luxembourg has today (Thursday October 23) ruled in favour of the European Commission's decision banning Unilever's Irish ice cream business, HB Ice Cream, from seeking freezer cabinet exclusivity for their products in the Irish market.
It is important to recognise though that the Commission's original decision and the Court's ruling apply only to the Irish market. They do not apply to markets elsewhere in Europe.
Furthermore it is important for retailers to understand that they are under no obligation to introduce competitor products into HB freezer cabinets and that they are fully entitled to continue stocking exclusively HB ice creams if they feel their interests and those of their customers are best served in this way. Consumer preference is what matters and notwithstanding this development, HB Ice Cream is confident that the strength and quality of its brands will prevail.
Unilever remains convinced that consumer choice and service are enhanced by the provision of cabinets and that they do not prevent other manufacturers from entering the market. In co-operation with HB Ice Cream and its external advisers, it is considering what action is most appropriate.
The provision and maintenance of exclusive cabinets is practised across Europe and further afield by ice cream manufacturers. It is seen as a critical factor in making impulse ice cream widely available and accessible to consumers at optimum quality.
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