Dalgety Agriculture Ltd / Spillers Ltd/ E. Morrin & Sons Ltd. [1998] IECA 504 (16th June, 1998)

Dalgety Agriculture Ltd / Spillers Ltd/ E. Morrin & Sons Ltd. [1998] IECA 504 (16th June, 1998)

The Authority found that the exclusive know-how licensing agreement and ancillary trade mark licensing agreement do not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, as the relevant market is competitive, there is sufficient supply substitutability, and the clauses in the agreement are necessary and reasonable for the introduction of new products.

Citation
[1998] IECA 504
Parties
Notifying Party: Dalgety Agriculture Ltd; Notifying Party: Spillers Ltd; Notifying Party: E. Morrin & Sons Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
Certificate granted; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Know How Licensing Agreement, Trade Mark Licensing Agreement, Exclusive Licensing, Section 4 Competition Act 1991, Market Definition, Restriction of Competition
Competition Law Know How Licensing Agreement Trade Mark Licensing Agreement Exclusive Licensing Section 4 Competition Act 1991 Market Definition Restriction of Competition

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Parties

Dalgety Agriculture Ltd

Notifying Party

Spillers Ltd

Notifying Party

E. Morrin & Sons Ltd

Notifying Party

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether the exclusive know-how licensing agreement and ancillary trade mark licensing agreement restrict competition within the meaning of Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The Authority found that the exclusive know-how licensing agreement and ancillary trade mark licensing agreement do not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, as the relevant market is competitive, there is sufficient supply substitutability, and the clauses in the agreement are necessary and reasonable for the introduction of new products.

Court Disposition

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

Orders

  • The Competition Authority certifies that, in its opinion, the agreement dated 5 June 1989 for the exclusive license notified under Section 7 on 30 September 1992, does not contravene Section 4(1) of the Competition Act.