Gallaher / Snooker Players [1995] IECA 423 (12th September, 1995)
The notified sponsorship agreement does not have as its object or effect the prevention, restriction, or distortion of competition within the State or any part of it. The restrictions are limited to the duration and location of the tournament and do not preclude other sponsorships or tournaments. Therefore, the agreement does not offend against Section 4(1) of the Competition Act, 1991.
- Citation
- [1995] IECA 423
- Parties
- Notifier/applicant: Gallaher (Dublin) Limited; Notifier/applicant: World Professional Billiards and Snooker Association Limited (WPBSA)
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
- Outcome
- Certificate granted; agreement does not offend against Section 4(1) of the Competition Act, 1991.
- Legal Topics
- Sponsorship Agreements, Restriction of Competition, Section 4 Competition Act 1991
Case Brief
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Parties
Gallaher (Dublin) Limited
Notifier/applicant
World Professional Billiards and Snooker Association Limited (WPBSA)
Notifier/applicant
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Legal Issues
- 1 Whether the sponsorship agreement between Gallaher and WPBSA prevents, restricts, or distorts competition within the State under Section 4(1) of the Competition Act, 1991
Ratio Decidendi
The notified sponsorship agreement does not have as its object or effect the prevention, restriction, or distortion of competition within the State or any part of it. The restrictions are limited to the duration and location of the tournament and do not preclude other sponsorships or tournaments. Therefore, the agreement does not offend against Section 4(1) of the Competition Act, 1991.
Court Disposition
Certificate granted; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Orders
- The Competition Authority certifies that the sponsorship agreement between Gallaher (Dublin) Limited and the World Professional Billiards and Snooker Association Limited of 12 January 1990 does not offend against Section 4(1) of the Competition Act, 1991.
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