Dalgety Agriculture Ltd / Spillers Ltd/ Thomas Hill & Company Ltd. [1998] IECA 503 (16th June, 1998)

Dalgety Agriculture Ltd / Spillers Ltd/ Thomas Hill & Company Ltd. [1998] IECA 503 (16th June, 1998)

The Authority found that the Trade Mark Licensing Agreement is ancillary to the Know-How Licensing Agreement, does not contain obligations restrictive of competition, and has negligible impact on the market given the insignificant market share of the licensee and the presence of effective competition. Therefore, the agreement does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 503
Parties
Notifying Party: Dalgety Agriculture Ltd; Notifying Party: Spillers Ltd; Notified Party: Thomas Hill & Company Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Decision on Notification for 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
Trade Mark Licensing Agreement, Know How Licensing Agreement, Section 4 Competition Act 1991, Exclusive Licensing, Market Definition, Ancillary Restraints
Competition Law Trade Mark Licensing Agreement Know How Licensing Agreement Section 4 Competition Act 1991 Exclusive Licensing Market Definition Ancillary Restraints

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dalgety Agriculture Ltd

Notifying Party

Spillers Ltd

Notifying Party

Thomas Hill & Company Ltd

Notified Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Trade Mark Licensing Agreement restricts competition within the meaning of Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement qualifies for a certificate under Section 4(4)

Ratio Decidendi

The Authority found that the Trade Mark Licensing Agreement is ancillary to the Know-How Licensing Agreement, does not contain obligations restrictive of competition, and has negligible impact on the market given the insignificant market share of the licensee and the presence of effective competition. Therefore, the agreement does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement dated 5 June 1989 for the exclusive license notified on 30 September 1992 does not contravene Section 4(1) of the Competition Act, 1991.