Statoil Dist Agr (Cash Adv Loan) Licence [1994] IECA 321 (21st April, 1994)

Statoil Dist Agr (Cash Adv Loan) Licence [1994] IECA 321 (21st April, 1994)

The notified agreements, while offending Section 4(1) due to their exclusive nature, satisfy the conditions for a licence under Section 4(2) as they contribute to improved distribution and do not eliminate competition or impose unnecessary terms. Therefore, licences are granted for the agreements.

Citation
[1994] IECA 321
Parties
Notifier: Statoil Ireland Limited; Counterparty: Exclusive distributors of petroleum products
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Licence Application
Outcome
Licences granted for notified agreements under Section 4(2) of the Competition Act, 1991.
Legal Topics
Exclusive Distribution Agreements, Licensing Under Competition Act, Anti Competitive Agreements
Competition Law Exclusive Distribution Agreements Licensing Under Competition Act Anti Competitive Agreements

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Parties

Statoil Ireland Limited

Notifier

Exclusive distributors of petroleum products

Counterparty

Procedural Posture

Competition Authority Notification / Decision on Licence Application

Legal Issues

  1. 1 Whether the notified cash advance and loan agreements offend 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, while offending Section 4(1) due to their exclusive nature, satisfy the conditions for a licence under Section 4(2) as they contribute to improved distribution and do not eliminate competition or impose unnecessary terms. Therefore, licences are granted for the agreements.

Court Disposition

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

Orders

  • Section 4(1) declared inapplicable to Statoil Distributor Agreement (Cash Advance) CA/449/92E and Distributor Agreement (Loan) CA/452/92E from 21 April 1994 to 31 December 1998.
  • No conditions attached to the licences.