Ir.Distillers/Celtic Glass/Celtic Glass/Celtic Glass/L.Derg Hand /Lledo plc/Tobler Such. [1994] IECA 284 (7th February, 1994)

Ir.Distillers/Celtic Glass/Celtic Glass/Celtic Glass/L.Derg Hand /Lledo plc/Tobler Such. [1994] IECA 284 (7th February, 1994)

The notified usership agreements are between undertakings but do not have the object or effect of preventing, restricting or distorting competition in the relevant product markets within the State. The agreements are non-exclusive, do not prohibit licensees from producing or marketing similar products, and the use of the trade marks/designs does not create a significant barrier to entry. No-challenge clauses and quality control provisions are justified and do not offend Section 4(1) of the Competition Act 1991.

Citation
[1994] IECA 284
Parties
Notifying Party: Irish Distillers Group plc; Notifying Party: Irish Distillers Ltd; Notifying Party: Old Bushmills Distillery Ltd; User Party: Celtic Glass Ltd; User Party: Lough Derg Handcrafts Ltd; User Party: Lledo plc; User Party: Tobler Suchard Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification Decision / Final Decision
Outcome
Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Trade Mark Licensing, Design Licensing, Non Exclusive Licence, Section 4 Competition Act 1991, No Challenge Clause, Quality Control in Licensing
Competition Law Trade Mark Licensing Design Licensing Non Exclusive Licence Section 4 Competition Act 1991 No Challenge Clause Quality Control in Licensing

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Parties

Irish Distillers Group plc

Notifying Party

Irish Distillers Ltd

Notifying Party

Old Bushmills Distillery Ltd

Notifying Party

Celtic Glass Ltd

User Party

Lough Derg Handcrafts Ltd

User Party

Lledo plc

User Party

Tobler Suchard Ltd

User Party

Procedural Posture

Competition Notification Decision / Final Decision

Legal Issues

  1. 1 Whether the notified trade mark/design usership agreements offend against Section 4(1) of the Competition Act 1991 by having the object or effect of preventing, restricting or distorting competition in the State.

Ratio Decidendi

The notified usership agreements are between undertakings but do not have the object or effect of preventing, restricting or distorting competition in the relevant product markets within the State. The agreements are non-exclusive, do not prohibit licensees from producing or marketing similar products, and the use of the trade marks/designs does not create a significant barrier to entry. No-challenge clauses and quality control provisions are justified and do not offend Section 4(1) of the Competition Act 1991.

Court Disposition

Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act 1991.

Orders

  • The Competition Authority certifies that the notified agreements between Irish Distillers Ltd and Celtic Glass Ltd, Lough Derg Handcrafts Ltd, Lledo plc, Tobler Suchard Ltd, and between Old Bushmills Distillery Ltd and Celtic Glass Ltd do not offend against Section 4(1) of the Competition Act 1991.