Hampden Group Plc/Reid Group Plc [1999] IECA 563 (27th July, 1999)

Hampden Group Plc/Reid Group Plc [1999] IECA 563 (27th July, 1999)

The joint venture agreement does not have as its object or effect the prevention, restriction or distortion of competition in the State or any part thereof, and therefore does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 563
Parties
Notifying Party: Hampden Group plc; Notifying Party: Reid Group plc; Joint Venture Company: Moyne Shelf Company (No. 66) Limited / Reid Furniture (Ireland) Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / 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
Joint Venture Agreements, Section 4 Competition Act 1991, Market Definition, Non Compete Clauses, Exclusive Supply Arrangements
Competition Law Joint Venture Agreements Section 4 Competition Act 1991 Market Definition Non Compete Clauses Exclusive Supply Arrangements

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Parties

Hampden Group plc

Notifying Party

Reid Group plc

Notifying Party

Moyne Shelf Company (No. 66) Limited / Reid Furniture (Ireland) Limited

Joint Venture Company

Procedural Posture

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

Legal Issues

  1. 1 Whether the joint venture agreement between Hampden Group plc and Reid Group plc contravenes Section 4(1) of the Competition Act, 1991 by having the object or effect of preventing, restricting or distorting competition in the State.

Ratio Decidendi

The joint venture agreement does not have as its object or effect the prevention, restriction or distortion of competition in the State or any part thereof, and therefore 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

  • The Competition Authority certifies that the joint venture agreement dated 20th December, 1995 between Hampden Group plc and Reid Group plc does not contravene Section 4(1) of the Competition Act, 1991.