Carroll Products & Designs Ltd/Kleerex Licensing Ltd/ Licence Agreement [1995] IECA 437 (23rd October, 1995)

Carroll Products & Designs Ltd/Kleerex Licensing Ltd/ Licence Agreement [1995] IECA 437 (23rd October, 1995)

The notified agreement is between undertakings with common shareholders and directors, not independent of each other, and does not affect competition within the State as the territory of the agreement excludes the State. Therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1995] IECA 437
Parties
Notifier/party to Agreement: Carroll Products and Designs Ltd; Notifier/party to Agreement: Kleerex Licensing Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification/decision / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Licence Agreements, Exclusive Licensing, Undertakings, Section 4 Competition Act 1991, Effect on Competition
Competition Law Licence Agreements Exclusive Licensing Undertakings Section 4 Competition Act 1991 Effect on Competition

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Parties

Carroll Products and Designs Ltd

Notifier/party to Agreement

Kleerex Licensing Ltd

Notifier/party to Agreement

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified licence agreement between Carroll Products and Designs Ltd and Kleerex Licensing Ltd offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified agreement is between undertakings with common shareholders and directors, not independent of each other, and does not affect competition within the State as the territory of the agreement excludes the State. Therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the licence agreement dated 15 February 1991 between Carroll Products and Designs Ltd and Kleerex Licensing Ltd does not offend against Section 4(1) of the Competition Act, 1991.