Burmah Castrol (Ireland)/Existing Cash Loan Agr. [1994] IECA 324 (5th May, 1994)

Burmah Castrol (Ireland)/Existing Cash Loan Agr. [1994] IECA 324 (5th May, 1994)

The Authority found that the requirement in the cash loan agreement does not prevent or hinder the sale of competing lubricating oils, but only ensures that no other agreement restricts the sale of Castrol products. Therefore, the agreement does not have the object or effect of preventing, restricting, or distorting competition and does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 324
Parties
Notifying Party: Burmah Castrol (Ireland) Ltd.; Decision Maker: Competition Authority; Counterparty: Car franchise main dealers and non-franchise vehicle workshops (certain resellers)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Market Foreclosure, Product Market Definition, Geographical Market Definition, Section 4 Competition Act, 1991
Competition Law Anti Competitive Agreements Market Foreclosure Product Market Definition Geographical Market Definition Section 4 Competition Act, 1991

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Parties

Burmah Castrol (Ireland) Ltd.

Notifying Party

Competition Authority

Decision Maker

Car franchise main dealers and non-franchise vehicle workshops (certain resellers)

Counterparty

Procedural Posture

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

Legal Issues

  1. 1 Whether the existing cash loan agreements between Burmah Castrol (Ireland) Ltd. and certain resellers offend against Section 4(1) of the Competition Act, 1991 by having as their object or effect the prevention, restriction or distortion of competition.

Ratio Decidendi

The Authority found that the requirement in the cash loan agreement does not prevent or hinder the sale of competing lubricating oils, but only ensures that no other agreement restricts the sale of Castrol products. Therefore, the agreement does not have the object or effect of preventing, restricting, or distorting competition and does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • Certificate issued in respect of the existing cash loan agreement between Burmah Castrol (Ireland) Ltd. and certain customers, notification no. CA/36/92E.