Johnson Brothers Ltd/Campbell Grocery Products Ltd [1994] IECA 368 (28th October, 1994)

Johnson Brothers Ltd/Campbell Grocery Products Ltd [1994] IECA 368 (28th October, 1994)

The agreement does not have as its object or effect the prevention, restriction or distortion of competition, as it does not confer exclusivity on Johnson and does not prevent access to the market by other distributors or suppliers of competing products.

Citation
[1994] IECA 368
Parties
Notifying Party: Johnson Brothers Ltd.; Notifying Party: Campbell Grocery Products Ltd.
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4(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
Distribution Agreements, Exclusive Dealing, Competition Act 1991, Section 4(1), Section 4(4)
Competition Law Distribution Agreements Exclusive Dealing Competition Act 1991 Section 4(1) Section 4(4)

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 4 Party arguments 2
Sign in to unlock

Parties

Johnson Brothers Ltd.

Notifying Party

Campbell Grocery Products Ltd.

Notifying Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the distribution agreement between Johnson Brothers Ltd. and Campbell Grocery Products Ltd. has as its object or effect the prevention, restriction or distortion of competition under Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The agreement does not have as its object or effect the prevention, restriction or distortion of competition, as it does not confer exclusivity on Johnson and does not prevent access to the market by other distributors or suppliers of competing products.

Court Disposition

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

Orders

  • The Competition Authority certifies that the distribution agreement between Campbell Grocery Products Ltd and Johnson Brothers Ltd (notification no. CA/290/92E) does not offend against Section 4(1) of the Competition Act, 1991.