Minister for Tourism, Transport and Communications / Dublin Airport Restaurants Ltd. [1998] IECA 514 (17th July, 1998)

Minister for Tourism, Transport and Communications / Dublin Airport Restaurants Ltd. [1998] IECA 514 (17th July, 1998)

The notified agreement does not have the object or effect of preventing, restricting, or distorting competition in the relevant market. The Minister is an undertaking for the purposes of this agreement. The exclusivity and price control clauses are justified by the need to ensure commercial viability and protect consumers in a captive market, and do not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 514
Parties
Licensor: Minister for Tourism, Transport and Communications (now Minister for Public Enterprise); Licensee: Dublin Airport Restaurants Ltd. (now Select Service Partner (Ireland) Ltd. - SSP)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued: the agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Licence, Relevant Market Definition, Price Control Clauses, Agreement Between Undertakings, Section 4 Competition Act 1991
Competition Law Exclusive Licence Relevant Market Definition Price Control Clauses Agreement Between Undertakings Section 4 Competition Act 1991

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Parties

Minister for Tourism, Transport and Communications (now Minister for Public Enterprise)

Licensor

Dublin Airport Restaurants Ltd. (now Select Service Partner (Ireland) Ltd. - SSP)

Licensee

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive catering licence agreement between the Minister and SSP contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether the Minister is an 'undertaking' under the Act
  3. 3 Whether the price control clause constitutes prohibited price-fixing

Ratio Decidendi

The notified agreement does not have the object or effect of preventing, restricting, or distorting competition in the relevant market. The Minister is an undertaking for the purposes of this agreement. The exclusivity and price control clauses are justified by the need to ensure commercial viability and protect consumers in a captive market, and do not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the Licence Agreement notified on 30 September 1992 does not contravene Section 4(1) of the Competition Act, 1991, as amended.