Bewleys Manufacturing Ltd. & Butler's Irish Confectionery / Others [1999] IECA 551 (27th May, 1999)

Bewleys Manufacturing Ltd. & Butler's Irish Confectionery / Others [1999] IECA 551 (27th May, 1999)

The joint venture agreement does not have a significant effect on competition due to the diversity of the market, low barriers to entry, and the small market share of the joint venture; therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 551
Parties
Applicant: Bewleys Manufacturing Ltd; Applicant: Butlers Irish Confectionery Ltd; Applicant: Chez Nous Ltd; Applicant: Sorenson family; Applicant: Bewley’s Cafes Ltd; Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
certificate granted
Legal Topics
Joint Venture, Share Purchase Agreement, Market Definition, Anti Competitive Agreements
Competition Law Joint Venture Share Purchase Agreement Market Definition Anti Competitive Agreements

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Parties

Bewleys Manufacturing Ltd

Applicant

Butlers Irish Confectionery Ltd

Applicant

Chez Nous Ltd

Applicant

Sorenson family

Applicant

Bewley’s Cafes Ltd

Applicant

Competition Authority

Decision Maker

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Does the joint venture agreement between Bewleys Manufacturing Ltd and Butlers Irish Confectionery Ltd contravene Section 4(1) of the Competition Act, 1991?

Ratio Decidendi

The joint venture agreement does not have a significant effect on competition due to the diversity of the market, low barriers to entry, and the small market share of the joint venture; therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the joint venture agreement dated 1st May 1989 does not contravene Section 4(1) of the Competition Act, 1991.