Imro/Cable TV [1994] IECA 383 (16th December, 1994)
The notified collective licensing agreement restricts competition under Section 4(1) but qualifies for exemption under Section 4(2) because it improves service provision, benefits consumers, imposes only indispensable terms, and does not eliminate competition in a substantial part of the market.
- Citation
- [1994] IECA 383
- Parties
- Licensor: Irish Music Rights Organisation Ltd; Licensor: BBC Enterprises Limited; Licensor: Independent Television Association (representing UK independent regional television broadcasters/licensees); Licensor: Channel Four Television Corporation; Licensor: The Welsh Fourth Channel Authority; Licensor: Association De Gestion Internationale Collective Des Oeuvres Audiovisuelles (AGICOA); Licensor: Authors' Licensing and Collecting Society Limited (ALCS); Licensor: Design and Artists Copyright Society Limited (DACS); Licensor: Phonographic Performance (Ireland) Limited (PPI); Licensee: Cablelink Ltd; Licensee: Cablelink (Waterford) Ltd; Licensee: Cablelink (Galway) Ltd; Licensee: Cork Communications Ltd; Licensee: Westward Cables Ltd; Licensee: Horizon TV Distribution Ltd; Licensee: Suir Nore; Licensee: Independent Wireless Cable Ltd; Licensee: MMDS operators within the State
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Decision / Final Decision and Licence Issuance
- Outcome
- Licence granted under Section 4(2) of the Competition Act, 1991 for the notified agreement.
- Legal Topics
- Collective Licensing, Copyright, Re Transmission of Broadcast, Anti Competitive Agreements, Exemptions Under Competition Law
Case Brief
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Parties
Irish Music Rights Organisation Ltd
Licensor
BBC Enterprises Limited
Licensor
Independent Television Association (representing UK independent regional television broadcasters/licensees)
Licensor
Channel Four Television Corporation
Licensor
The Welsh Fourth Channel Authority
Licensor
Association De Gestion Internationale Collective Des Oeuvres Audiovisuelles (AGICOA)
Licensor
Authors' Licensing and Collecting Society Limited (ALCS)
Licensor
Design and Artists Copyright Society Limited (DACS)
Licensor
Phonographic Performance (Ireland) Limited (PPI)
Licensor
Cablelink Ltd
Licensee
Cablelink (Waterford) Ltd
Licensee
Cablelink (Galway) Ltd
Licensee
Cork Communications Ltd
Licensee
Westward Cables Ltd
Licensee
Horizon TV Distribution Ltd
Licensee
Suir Nore
Licensee
Independent Wireless Cable Ltd
Licensee
MMDS operators within the State
Licensee
Procedural Posture
Competition Authority Decision / Final Decision and Licence Issuance
Legal Issues
- 1 Whether the notified collective licensing agreement restricts competition under Section 4(1) of the Competition Act, 1991
- 2 Whether the agreement qualifies for exemption under Section 4(2) of the Competition Act, 1991
Ratio Decidendi
The notified collective licensing agreement restricts competition under Section 4(1) but qualifies for exemption under Section 4(2) because it improves service provision, benefits consumers, imposes only indispensable terms, and does not eliminate competition in a substantial part of the market.
Court Disposition
Licence granted under Section 4(2) of the Competition Act, 1991 for the notified agreement.
Orders
- Licence applies from 16 December 1994 to 15 December 2004.
- No conditions attached to the licence.
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