Dalgety Agriculture Ltd / Spillers Ltd/ E. Morrin & Sons Ltd. [1998] IECA 505 (16th June, 1998)

Dalgety Agriculture Ltd / Spillers Ltd/ E. Morrin & Sons Ltd. [1998] IECA 505 (16th June, 1998)

The Trade Mark Licensing Agreement does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, as the relevant market is competitive, the agreement is ancillary to the introduction of new products, and the obligations imposed are necessary and not restrictive of competition.

Citation
[1998] IECA 505
Parties
Notifying Party: Dalgety Agriculture Ltd; Notifying Party: Spillers Ltd; Notifying Party: E. Morrin & Sons Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority 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
Trade Mark Licensing Agreement, Exclusive Licensing, Market Definition, Restriction of Competition, Ancillary Restraints, Intellectual Property and Competition
Competition Law Trade Mark Licensing Agreement Exclusive Licensing Market Definition Restriction of Competition Ancillary Restraints Intellectual Property and Competition

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Parties

Dalgety Agriculture Ltd

Notifying Party

Spillers Ltd

Notifying Party

E. Morrin & Sons Ltd

Notifying Party

Procedural Posture

Competition Authority Notification / Decision on 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 Trade Mark Licensing Agreement does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, as the relevant market is competitive, the agreement is ancillary to the introduction of new products, and the obligations imposed are necessary and not restrictive of competition.

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 does not contravene Section 4(1) of the Competition Act.