Maxol Ltd/ Mulfield Co Ltd [1995] IECA 432 (19th October, 1995)

Maxol Ltd/ Mulfield Co Ltd [1995] IECA 432 (19th October, 1995)

The agreement is, in substance, an exclusive distribution agreement forming part of a network of such agreements by Maxol, and thus offends Section 4(1) of the Competition Act, 1991. However, it satisfies the conditions of the category licence for exclusive distribution agreements and is therefore permitted under Section 4(2).

Citation
[1995] IECA 432
Parties
Notifier/supplier: Maxol Ltd; Notified Party/distributor: Mulfield Co Ltd t/a Maxol Fuel Services; Director/shareholder of Mulfield: Mr Gerard Carr
Jurisdiction
Ireland
Procedural Posture
Competition Notification/individual Exemption Application / Decision on Notification and Request for Licence
Outcome
Agreement offends Section 4(1) but is permitted under the category licence for exclusive distribution agreements and thus satisfies Section 4(2).
Legal Topics
Exclusive Distribution Agreements, Section 4 Competition Act 1991, Category Licence, Exclusive Purchasing Agreements
Competition Law Exclusive Distribution Agreements Section 4 Competition Act 1991 Category Licence Exclusive Purchasing Agreements

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Maxol Ltd

Notifier/supplier

Mulfield Co Ltd t/a Maxol Fuel Services

Notified Party/distributor

Mr Gerard Carr

Director/shareholder of Mulfield

Procedural Posture

Competition Notification/individual Exemption Application / Decision on Notification and Request for Licence

Legal Issues

  1. 1 Whether the notified agreement constitutes an exclusive distribution agreement under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement offends against Section 4(1)
  3. 3 Whether the agreement qualifies for a licence under Section 4(2) and the category licence for exclusive distribution agreements

Ratio Decidendi

The agreement is, in substance, an exclusive distribution agreement forming part of a network of such agreements by Maxol, and thus offends Section 4(1) of the Competition Act, 1991. However, it satisfies the conditions of the category licence for exclusive distribution agreements and is therefore permitted under Section 4(2).

Court Disposition

Agreement offends Section 4(1) but is permitted under the category licence for exclusive distribution agreements and thus satisfies Section 4(2).

Orders

  • No prohibition or penalty; agreement is licensed under the category licence for exclusive distribution agreements.