Poldys Fresh Foods (Portumna) Ltd./ Birds Eye Wall's Ltd. [1998] IECA 524 (19th November, 1998)

Poldys Fresh Foods (Portumna) Ltd./ Birds Eye Wall's Ltd. [1998] IECA 524 (19th November, 1998)

The agreement does not contravene Section 4(1) of the Competition Act, 1991, as the restriction on Poldys is necessary for the agreement's operation and does not prevent significant competition in the relevant market.

Citation
[1998] IECA 524
Parties
Notifying Party: Poldys Fresh Foods (Portumna) Limited; Other Party: Birds Eye Wall's Ltd.
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on 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
Sole Manufacturing and Supply Agreements, Exclusive Supply, Market Definition, Section 4 Competition Act 1991

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Parties

Poldys Fresh Foods (Portumna) Limited

Notifying Party

Birds Eye Wall's Ltd.

Other Party

Procedural Posture

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

  1. 1 Whether the Sole Manufacturing and Supply Agreement between Poldys and Birds Eye contravenes Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The agreement does not contravene Section 4(1) of the Competition Act, 1991, as the restriction on Poldys is necessary for the agreement's operation and does not prevent significant competition in the relevant market.

Court Disposition

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

Orders

  • Certificate issued stating the agreement does not contravene Section 4(1) of the Competition Act, 1991.