[1994] IECA 365

[1994] IECA 365

Clause 16 of Gill and Macmillan's standard terms and conditions constituted resale price maintenance, which restricts competition and offends Section 4(1) of the Competition Act, 1991. As the clause was deleted, the amended agreement no longer offends Section 4(1), and no licence is required or granted.

Citation
[1994] IECA 365
Parties
Notifying Party: Gill and Macmillan Ltd; Counterparty: Irish booksellers
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision on Notification and Request for Certificate or Licence
Outcome
Certificate granted for amended agreement; original agreement with clause 16 would have been refused.
Legal Topics
Resale Price Maintenance, Standard Terms and Conditions, Section 4 Competition Act 1991, Book Distribution Agreements
Competition Law Resale Price Maintenance Standard Terms and Conditions Section 4 Competition Act 1991 Book Distribution Agreements

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Parties

Gill and Macmillan Ltd

Notifying Party

Irish booksellers

Counterparty

Procedural Posture

Competition Authority Notification/decision / Final Decision on Notification and Request for Certificate or Licence

Legal Issues

  1. 1 Whether Gill and Macmillan's standard terms and conditions, specifically clause 16 providing for resale price maintenance (RPM), offend Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement as amended (with clause 16 deleted) offends Section 4(1)
  3. 3 Whether the agreement qualifies for a licence under Section 4(2)

Ratio Decidendi

Clause 16 of Gill and Macmillan's standard terms and conditions constituted resale price maintenance, which restricts competition and offends Section 4(1) of the Competition Act, 1991. As the clause was deleted, the amended agreement no longer offends Section 4(1), and no licence is required or granted.

Court Disposition

Certificate granted for amended agreement; original agreement with clause 16 would have been refused.

Orders

  • Certificate issued stating that the amended standard terms and conditions (with clause 16 deleted) do not offend Section 4(1) of the Competition Act, 1991.