Associated Marketing Ltd/Joseph Hamilton & Seaton Ltd [1995] IECA 436 (20th October, 1995)
The agreement operates as an exclusive distribution agreement with territorial exclusivity and resale price maintenance, both of which offend Section 4(1) of the Competition Act, 1991 by restricting competition in the relevant market.
- Citation
- [1995] IECA 436
- Parties
- Applicant: Associated Marketing Ltd; Respondent: Joseph Hamilton & Seaton Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
- Outcome
- certificate refused
- Legal Topics
- Exclusive Distribution Agreements, Resale Price Maintenance, Section 4 Competition Act 1991, Territorial Exclusivity
Case Brief
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Parties
Associated Marketing Ltd
Applicant
Joseph Hamilton & Seaton Ltd
Respondent
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Legal Issues
- 1 Whether the agreement constitutes an exclusive distribution agreement offending Section 4(1) of the Competition Act, 1991
- 2 Whether resale price maintenance and territorial exclusivity restrict competition
Ratio Decidendi
The agreement operates as an exclusive distribution agreement with territorial exclusivity and resale price maintenance, both of which offend Section 4(1) of the Competition Act, 1991 by restricting competition in the relevant market.
Court Disposition
certificate refused
Orders
- Refusal to issue a certificate under Section 4(4) of the Competition Act, 1991 in respect of the notified agreement.
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