Patrick Flynn/ Wardell Roberts [1994] IECA 303 (7th April, 1994)

Patrick Flynn/ Wardell Roberts [1994] IECA 303 (7th April, 1994)

The notified agency agreement between Wardell Roberts and Patrick Flynn, being a commercial agency arrangement where the agent is an auxiliary organ of the principal and not an independent trader, does not have as its object or effect the prevention, restriction or distortion of competition and does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 303
Parties
Notifying Party / Agent: Patrick Flynn; Principal / Notified Party: Wardell Roberts plc
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate or Licence
Outcome
Certificate issued; 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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Patrick Flynn

Notifying Party / Agent

Wardell Roberts plc

Principal / Notified Party

Procedural Posture

Competition Authority Notification / Decision on Notification for Certificate or Licence

Legal Issues

  1. 1 Whether the agency agreement between Patrick Flynn and Wardell Roberts constitutes an agreement between undertakings under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement has as its object or effect the prevention, restriction or distortion of competition

Ratio Decidendi

The notified agency agreement between Wardell Roberts and Patrick Flynn, being a commercial agency arrangement where the agent is an auxiliary organ of the principal and not an independent trader, does not have as its object or effect the prevention, restriction or distortion of competition and does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agency agreement between Wardell Roberts plc and Patrick Flynn does not offend against Section 4(1) of the Competition Act, 1991.