Mr Flor Griffin / Mr Teddy O'Connor [1995] IECA 416 (4th September, 1995)

Mr Flor Griffin / Mr Teddy O'Connor [1995] IECA 416 (4th September, 1995)

Clauses 5.4, 5.9, 6.10, 6.11, 6.17, and 9.1 of the agreement restrict competition contrary to Section 4(1) of the Competition Act, 1991, and no evidence was provided to show that these restrictions are indispensable or result in consumer benefit as required for a licence under Section 4(2). Therefore, the agreement is not entitled to a certificate or licence.

Citation
[1995] IECA 416
Parties
Notifying Party / Franchisor: Mr. Flor Griffin; Franchisee / Respondent: Mr. Teddy O'Connor
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Authority Decision on Notification for Certificate or Licence Under Section 4(2) of the Competition Act, 1991
Outcome
Refusal of certificate or licence
Legal Topics
Franchise Agreements, Anti Competitive Agreements, Price Fixing, Non Compete Clauses, Exclusive Supply Arrangements
Competition Law Franchise Agreements Anti Competitive Agreements Price Fixing Non Compete Clauses Exclusive Supply Arrangements

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Parties

Mr. Flor Griffin

Notifying Party / Franchisor

Mr. Teddy O'Connor

Franchisee / Respondent

Procedural Posture

Competition Authority Notification / Authority Decision on Notification for Certificate or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the franchise agreement between Mr. Griffin and Mr. O'Connor contains clauses that offend Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement qualifies for a licence under Section 4(2) of the Competition Act, 1991

Ratio Decidendi

Clauses 5.4, 5.9, 6.10, 6.11, 6.17, and 9.1 of the agreement restrict competition contrary to Section 4(1) of the Competition Act, 1991, and no evidence was provided to show that these restrictions are indispensable or result in consumer benefit as required for a licence under Section 4(2). Therefore, the agreement is not entitled to a certificate or licence.

Court Disposition

Refusal of certificate or licence

Orders

  • The Authority refuses a certificate or licence in respect of the notified agreement.