Dalgety Agriculture Ltd / Spillers Ltd/ Thomas Hill & Company Ltd. [1998] IECA 502 (16th June, 1998)

Dalgety Agriculture Ltd / Spillers Ltd/ Thomas Hill & Company Ltd. [1998] IECA 502 (16th June, 1998)

The Competition Authority found that the Know-How Licensing Agreement did not have as its object or effect the prevention, restriction or distortion of competition in the relevant market, given the insignificant market share of the licensee, the presence of effective competition, and the deletion of potentially restrictive clauses. Therefore, the agreement does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 502
Parties
Notifying Party: Dalgety Agriculture Ltd; Notifying Party: Spillers Ltd; Notified Party: Thomas Hill & Company Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority 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
Know How Licensing Agreement, Exclusive Licence, Intellectual Property Rights, Market Competition, Section 4 Competition Act 1991
Competition Law Know How Licensing Agreement Exclusive Licence Intellectual Property Rights Market Competition Section 4 Competition Act 1991

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Parties

Dalgety Agriculture Ltd

Notifying Party

Spillers Ltd

Notifying Party

Thomas Hill & Company Ltd

Notified Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Know-How Licensing Agreement between Dalgety Agriculture Ltd and Thomas Hill & Company Ltd restricts competition within the meaning of Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement qualifies for a certificate under Section 4(4) of the Competition Act, 1991

Ratio Decidendi

The Competition Authority found that the Know-How Licensing Agreement did not have as its object or effect the prevention, restriction or distortion of competition in the relevant market, given the insignificant market share of the licensee, the presence of effective competition, and the deletion of potentially restrictive clauses. Therefore, the agreement 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 dated 5 June 1989 does not contravene Section 4(1) of the Competition Act, 1991.