Hearings
England & Wales
18 May 1982 [1982] QB 1114; [1982] 3 WLR 514; [1982] 3 All ER 292, CA
23 Jun 1983 (pet all) [1984] AC 130; [1982] 3 WLR 523c; [1983] 3 WLR 143; [1983] 2 All ER 770, HL(E)
Garden Cottage Foods Ltd v Milk Marketing Board
Subject Matter
EUROPEAN ECONOMIC COMMUNITY — Free competition — Abuse of dominant position — Claim that national butter supplier abusing dominant position — Reduction of distributors from 20 to 4 excluding plaintiffs — Whether “abuse of dominant position” — Interlocutory injunction refused by judge but granted by Court of Appeal — Whether cause of action giving rise to remedy of damages — Whether Court of Appeal justified in granting injunction — EEC Treaty (Cmnd 5179-II), arts 3(f), 86
[1982] QB 1114; [1984] AC 130; [1982] 3 WLR 514; [1983] 3 WLR 143
HOUSE OF LORDS — Leave to appeal — Interlocutory matter — Action alleging abuse of dominant position in market — Refusal by judge to grant interlocutory injunction — Whether Court of Appeal entitled to grant injunction — Leave to appeal although decision not conclusive of action
Appellate History
Garden Cottage Foods Ltd v Milk Marketing Board [1982] QB 1114; [1982] 3 WLR 514; [1982] 3 All ER 292, CA
Decision of the Court of Appeal reversed
Garden Cottage Foods Ltd v Milk Marketing Board [1984] AC 130; [1982] 3 WLR 523c; [1983] 3 WLR 143; [1983] 2 All ER 770, HL(E)
Commentary
Blackstones Civil Practice 2023
American Cyanamid Guidelines - Status quo
37.31