Bimeda Chemicals Ltd / Orion Yhtyma Oy. [1999] IECA 545 (16th April, 1999)

Bimeda Chemicals Ltd / Orion Yhtyma Oy. [1999] IECA 545 (16th April, 1999)

The agreement does not restrict or distort competition in the relevant market due to the small market share involved and the presence of effective competition from rival products. Therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 545
Parties
Notifying Party: Bimeda Chemicals Ltd; Other Party: Orion Yhtyma Oy
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Distribution Agreement, Manufacturing Agreement, Market Share, Section 4 Competition Act 1991, Certificate of Non Infringement
Competition Law Exclusive Distribution Agreement Manufacturing Agreement Market Share Section 4 Competition Act 1991 Certificate of Non Infringement

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Parties

Bimeda Chemicals Ltd

Notifying Party

Orion Yhtyma Oy

Other Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive manufacture and distribution agreement restricts competition within the meaning of Section 4(1) of the Competition Act, 1991
  2. 2 Whether a certificate should be granted under Section 4(4) of the Competition Act, 1991

Ratio Decidendi

The agreement does not restrict or distort competition in the relevant market due to the small market share involved and the presence of effective competition from rival products. Therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between Bimeda Chemicals Ltd and Orion Yhtyma Oy does not contravene Section 4(1) of the Competition Act, 1991.