Campus/Delta Distribution Agreement (Guarantee) (Licence) (Licence) (Debenture) (Debenture) (Equipment) [1994] IECA 319 (21st April, 1994)

Campus/Delta Distribution Agreement (Guarantee) (Licence) (Licence) (Debenture) (Debenture) (Equipment) [1994] IECA 319 (21st April, 1994)

The notified agreements, being part of exclusive distribution arrangements, offend against Section 4(1) but satisfy the conditions for exemption under Section 4(2) as they contribute to distribution efficiency and do not eliminate competition; therefore, licences are granted.

Citation
[1994] IECA 319
Parties
Supplier: Campus Oil Ltd; Supplier: Delta Fuels Ltd; Distributor: Distributors (various); Guarantor: Owners of distribution companies (various)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification and Assessment / Decision on Notification and Grant of Licences
Outcome
Licences granted for all notified agreements under Section 4(2) of the Competition Act, 1991.
Legal Topics
Exclusive Distribution Agreements, Section 4 Competition Act 1991, Licences for Anti Competitive Agreements
Competition Law Exclusive Distribution Agreements Section 4 Competition Act 1991 Licences for Anti Competitive Agreements

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Parties

Campus Oil Ltd

Supplier

Delta Fuels Ltd

Supplier

Distributors (various)

Distributor

Owners of distribution companies (various)

Guarantor

Procedural Posture

Competition Authority Notification and Assessment / Decision on Notification and Grant of Licences

Legal Issues

  1. 1 Whether the notified agreements offend against Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreements qualify for a licence under Section 4(2) of the Competition Act, 1991

Ratio Decidendi

The notified agreements, being part of exclusive distribution arrangements, offend against Section 4(1) but satisfy the conditions for exemption under Section 4(2) as they contribute to distribution efficiency and do not eliminate competition; therefore, licences are granted.

Court Disposition

Licences granted for all notified agreements under Section 4(2) of the Competition Act, 1991.

Orders

  • Section 4(1) declared inapplicable to the notified agreements CA/759/92E, CA/760/92E, CA/761/92E, CA/762/92E, CA/763/92E, CA/764/92E from 21 April 1994 to 31 December 1998.