Dairygold Co-operative Society Ltd/CMP Dairy/ M. Cotter [1994] IECA 373 (17th November, 1994)

Dairygold Co-operative Society Ltd/CMP Dairy/ M. Cotter [1994] IECA 373 (17th November, 1994)

The non-compete and pricing restrictions in the agreement go beyond what is necessary to protect proprietary interests and do not confer consumer benefit, thus offend Section 4(1) and do not qualify for a licence under Section 4(2).

Citation
[1994] IECA 373
Parties
Purchaser: Dairygold Co-operative Society Ltd; Party to Agreement: CMP Dairy; Vendor/distributor: Michael Cotter
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
Refusal to issue certificate or grant licence
Legal Topics
Non Compete Clauses, Exclusive Distribution, Resale Price Maintenance, Sale of Business, Licensing Under Competition Act
Competition Law Non Compete Clauses Exclusive Distribution Resale Price Maintenance Sale of Business Licensing Under Competition Act

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Parties

Dairygold Co-operative Society Ltd

Purchaser

CMP Dairy

Party to Agreement

Michael Cotter

Vendor/distributor

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether non-compete and pricing clauses offend Section 4(1) of the Competition Act 1991
  2. 2 Whether the agreement qualifies for a licence under Section 4(2)

Ratio Decidendi

The non-compete and pricing restrictions in the agreement go beyond what is necessary to protect proprietary interests and do not confer consumer benefit, thus offend Section 4(1) and do not qualify for a licence under Section 4(2).

Court Disposition

Refusal to issue certificate or grant licence

Orders

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