Gilbeys / Pedrotti [1999] IECA 544 (24th March, 1999)

Gilbeys / Pedrotti [1999] IECA 544 (24th March, 1999)

The exclusive trademark licence agreement does not have as its object or effect the prevention, restriction, or distortion of competition in the Irish wine market, given the small market share affected and the competitive nature of the market. Therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 544
Parties
Notifying Party: Gilbeys of Ireland Limited; Other Party: Pedrotti Interdrink S.A.S.
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on 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 Trademark Licensing, Market Competition Assessment, Section 4 Competition Act 1991, Exclusive Purchase Agreements
Competition Law Exclusive Trademark Licensing Market Competition Assessment Section 4 Competition Act 1991 Exclusive Purchase Agreements

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Parties

Gilbeys of Ireland Limited

Notifying Party

Pedrotti Interdrink S.A.S.

Other Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive trademark and purchase agreement restricts, prevents, or distorts competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The exclusive trademark licence agreement does not have as its object or effect the prevention, restriction, or distortion of competition in the Irish wine market, given the small market share affected and the competitive nature of the market. Therefore, it 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 agreement does not contravene Section 4(1) of the Competition Act, 1991.