Carlton Cards Ltd / Balladeer Ltd [1995] IECA 434 (20th October, 1995)

Carlton Cards Ltd / Balladeer Ltd [1995] IECA 434 (20th October, 1995)

The agreement, although exclusive in nature, applies only to one retail outlet in a market with a large number of competing outlets and suppliers. Therefore, it does not have the object or effect of preventing, restricting, or distorting competition in the relevant market (Cork city).

Citation
[1995] IECA 434
Parties
Notifying Party: Carlton Cards Limited; Notifying Party: Balladeer Limited
Jurisdiction
Ireland
Procedural Posture
Competition 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 Purchasing Agreement, Revolving Credit Facility, Section 4 Competition Act 1991, Market Definition, Effect on Competition
Competition Law Exclusive Purchasing Agreement Revolving Credit Facility Section 4 Competition Act 1991 Market Definition Effect on Competition

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Parties

Carlton Cards Limited

Notifying Party

Balladeer Limited

Notifying Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive purchasing and revolving credit agreement between Carlton Cards Limited and Balladeer Limited prevents, restricts, or distorts competition under Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The agreement, although exclusive in nature, applies only to one retail outlet in a market with a large number of competing outlets and suppliers. Therefore, it does not have the object or effect of preventing, restricting, or distorting competition in the relevant market (Cork city).

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement of 6 October 1993 between Carlton Cards Limited and Balladeer Limited does not offend against Section 4(1) of the Competition Act, 1991.