Rotterdamsche Margarine Industrie/Betco Marketing Ltd [1994] IECA 375 (21st November, 1994)

Rotterdamsche Margarine Industrie/Betco Marketing Ltd [1994] IECA 375 (21st November, 1994)

The notified agency agreement between Romi and Betco, as a commercial agency arrangement with exclusivity and price-setting by the principal, does not offend against Section 4(1) of the Competition Act, 1991, as it does not have the object or effect of preventing, restricting, or distorting competition in the State.

Citation
[1994] IECA 375
Parties
Principal: Rotterdamsche Margarine Industrie (Romi); Agent: Betco Marketing Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Agency Agreements, Exclusive Distribution, Commercial Agents, Section 4 Competition Act 1991
Competition Law Agency Agreements Exclusive Distribution Commercial Agents Section 4 Competition Act 1991

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Parties

Rotterdamsche Margarine Industrie (Romi)

Principal

Betco Marketing Ltd

Agent

Procedural Posture

Competition Authority Decision / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the agency agreement between Romi and Betco restricts, prevents, or distorts competition under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement qualifies for a certificate of non-infringement under Section 4(4)

Ratio Decidendi

The notified agency agreement between Romi and Betco, as a commercial agency arrangement with exclusivity and price-setting by the principal, does not offend against Section 4(1) of the Competition Act, 1991, as it does not have the object or effect of preventing, restricting, or distorting competition in the State.

Court Disposition

Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the Agency Agreement between Rotterdamsche Margarine Industrie and Betco Marketing Ltd dated 18 August 1992 does not offend against Section 4(1) of the Competition Act, 1991.