E.R. Squibb & Clonmel Healthcare [1999] IECA 540 (24th March, 1999)

E.R. Squibb & Clonmel Healthcare [1999] IECA 540 (24th March, 1999)

The exclusive licensing agreement does not restrict competition as it allows Clonmel to enter the market, does not preclude the sale of other products, and does not restrict independent commercial decisions. The agreement introduces competition rather than eliminating it, and does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 540
Parties
Notifying Party: E. R. Squibb & Sons Inc.; Notifying Party: Clonmel Healthcare Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for 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 Licensing Agreement, Patent Licensing, Section 4 Competition Act 1991, Market Competition, Pharmaceuticals
Competition Law Exclusive Licensing Agreement Patent Licensing Section 4 Competition Act 1991 Market Competition Pharmaceuticals

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Parties

E. R. Squibb & Sons Inc.

Notifying Party

Clonmel Healthcare Limited

Notifying Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive licensing agreement between E. R. Squibb & Sons Inc. and Clonmel Healthcare Limited contravenes Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The exclusive licensing agreement does not restrict competition as it allows Clonmel to enter the market, does not preclude the sale of other products, and does not restrict independent commercial decisions. The agreement introduces competition rather than eliminating it, and 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

  • Certificate issued stating the exclusive licence agreement dated 14th June, 1996 does not contravene Section 4(1) of the Competition Act, 1991.