Condom dispute documents reveal market data

ERJ staff report (DS)

San Francisco, California -- In a 34-page ruling in the case of Church & Dwight C. v. Mayer Laboratories, US District Judge Edward Chen has given some revealing data about the condom market in the United States.

For example, Mayer Lab's Kimono-brand of ultra-thin condoms have less than one percent market share nationwide, but about 5 percent of the market in California. Mayer develops half its national sales in California. .

By contrast, Dwight & Church which sells condoms under the Trojan brand, dominates the market. According to Mayer, quoted in the ruling, Trojan is the largest selling brand of condom in the United States. C&D's condoms account for over 75 percent of all retail condom sales. The next most popular brand is Durex, marketed by SSL Americas, Inc., with approximately 15.3 percent of sales, and the third is Lifestyle, marketed by Ansell Healthcare, with approximately 7.7 percent. Together, condoms sold by these three companies account for over 98 percent of the nationwide market."

Mayer claims that the dominance of the main player meant it suffered difficulties in acquiring display space in retail outlets and other penalties.

As a result, Mayer alleges that its sales of Kimono Microthin condoms declined 33 percent (from $1,167,000 in 2006 to $1,120,000 in 2007 due to C&D's anticompetitive conduct.

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Press release from Courthouse News Service

Ruling from UNITED STATES DISTRICT COURT

Condom Distribution Battle Goes Forward in Federal Court XBiz News (US - California)