Murphy Brewery Irl Ltd/Clada Soft Drinks Ltd [1994] IECA 362 (13th October, 1994)

Murphy Brewery Irl Ltd/Clada Soft Drinks Ltd [1994] IECA 362 (13th October, 1994)

The agreement is a delivery agreement, not an exclusive distribution or agency agreement, and does not have the object or effect of preventing, restricting, or distorting competition under Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 362
Parties
Notifier: Murphy Brewery Ireland Ltd; Notifier: Clada Soft Drinks Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Distribution Agreements, Delivery Agreements, Section 4 Competition Act 1991, Agency Relationships
Competition Law Exclusive Distribution Agreements Delivery Agreements Section 4 Competition Act 1991 Agency Relationships

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Parties

Murphy Brewery Ireland Ltd

Notifier

Clada Soft Drinks Ltd

Notifier

Procedural Posture

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

Legal Issues

  1. 1 Whether the delivery agreement between Murphy Brewery and Clada constitutes an agreement that has the object or effect of preventing, restricting or distorting competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The agreement is a delivery agreement, not an exclusive distribution or agency agreement, and does not have the object or effect of preventing, restricting, or distorting competition under Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the delivery agreement between Murphy Brewery Ireland Ltd and Clada Soft Drinks Ltd does not offend against Section 4(1) of the Competition Act, 1991.