Brooks Thomas/Agents [1995] IECA 410 (30th June, 1995)

Brooks Thomas/Agents [1995] IECA 410 (30th June, 1995)

The agreement, as originally notified, contained non-solicitation clauses that were excessive in duration and scope and thus offended Section 4(1) of the Competition Act, 1991. After amendments limiting the duration and scope of these clauses, the agreement no longer offended Section 4(1).

Citation
[1995] IECA 410
Parties
Applicant: Brooks Thomas Ltd; Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Competition Notification/decision / Final Decision
Outcome
Certificate granted; agreement does not offend Section 4(1) as amended.
Legal Topics
Agency Agreements, Franchise Agreements, Non Solicitation Clauses, Section 4 Competition Act 1991, Anti Competitive Agreements
Competition Law Agency Agreements Franchise Agreements Non Solicitation Clauses Section 4 Competition Act 1991 Anti Competitive Agreements

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Parties

Brooks Thomas Ltd

Applicant

Competition Authority

Decision Maker

Procedural Posture

Competition Notification/decision / Final Decision

Legal Issues

  1. 1 Whether the standard agency agreement between Brooks Thomas Ltd and its agents constitutes an anti-competitive agreement under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the non-solicitation clauses in the agreement offend Section 4(1)

Ratio Decidendi

The agreement, as originally notified, contained non-solicitation clauses that were excessive in duration and scope and thus offended Section 4(1) of the Competition Act, 1991. After amendments limiting the duration and scope of these clauses, the agreement no longer offended Section 4(1).

Court Disposition

Certificate granted; agreement does not offend Section 4(1) as amended.

Orders

  • Certificate issued stating the amended agreement does not offend Section 4(1) of the Competition Act, 1991.