[1999]DLHC6127 • May 28, 1999 • High Court
ACCRA BREWERY COMPANY LTD. vs. GUINNESS GHANA LTD.
The plaintiff, Accra Brewery Company Ltd., alleged that the defendant, Guinness Ghana Ltd., induced common retailers to enter into an exclusive agreement titled 'Guinness means profit' retailer scheme, whereby retailers agreed to stock only the defendant's stout and malt drinks and display only defendant's advertising materials. This allegedly caused retailers to refuse to stock or even return the plaintiff's competing products, resulting in loss of income and market share for the plaintiff. The defendant denied coercion, stating the scheme was voluntary, covered only a small fraction of retailers, and was a legitimate sales promotion.
read moreThis is an application brought by the plaintiff herein seeking an order of interim injunction restraining the defendant, its agents, servants, privies and assigns from further entering into and or in any other way enforcing the agreement dubbed or entitled “Guinness means profit” retailer scheme initiated by the defendant and or any similar or further agreements with outlet owners of the plaintiff and in Ghana pending the final determination of the suit herein in terms of the accompanying affidavit and for such order or orders as this honourable court may seem fit. In the accompanying affidavit, the plaintiff set out the reliefs endorsed on the writ, which as at now amended, seek the following: 1. a declaration that the said agreement is unreasonable and in restraint of trade and against public policy and therefore null and void and totally of no effect; 2. a declaration that the said agreement undermines competition and seeks to achieve an unfair advantage over its competito...