Hampden Group / Homebase [1999] IECA 542 (24th March, 1999)

Hampden Group / Homebase [1999] IECA 542 (24th March, 1999)

Homebase and Hampden are under common control due to J. Sainsbury plc's shareholding and board appointment rights; thus, the agreement is not between independent undertakings and does not prevent, restrict, or distort competition under Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 542
Parties
Franchisor: Homebase Limited; Franchisee: Hampden Group Plc
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Franchise Agreement, Common Control, Assignment of Functions, Section 4 Competition Act 1991
Competition Law Franchise Agreement Common Control Assignment of Functions Section 4 Competition Act 1991

Case Brief

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Parties

Homebase Limited

Franchisor

Hampden Group Plc

Franchisee

Procedural Posture

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

Legal Issues

  1. 1 Whether the franchise agreement between Homebase Limited and Hampden Group Plc contravenes Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Homebase and Hampden are under common control due to J. Sainsbury plc's shareholding and board appointment rights; thus, the agreement is not between independent undertakings and does not prevent, restrict, or distort competition under Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the franchise agreement dated 18 March 1996 between Homebase Limited and Hampden Group Plc does not contravene Section 4(1) of the Competition Act, 1991.