Unisolutions/Dascom/Manix [1998] IECA 533 (19th November, 1998)

Unisolutions/Dascom/Manix [1998] IECA 533 (19th November, 1998)

The non-exclusive distribution agreement, including the post-term non-compete clause, is necessary to protect Unisolutions' intellectual property and facilitate transfer of know-how. It does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 533
Parties
Originator: Unisolutions Associates; Distributor: Dascom Services Ltd; Distributor: Manix Systems Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
certificate issued
Legal Topics
Distribution Agreements, Non Compete Clauses, Intellectual Property Protection, Computer Software Licensing
Competition Law Distribution Agreements Non Compete Clauses Intellectual Property Protection Computer Software Licensing

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Parties

Unisolutions Associates

Originator

Dascom Services Ltd

Distributor

Manix Systems Ltd

Distributor

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether the non-exclusive distribution agreement contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether post-term non-compete clauses restrict competition
  3. 3 Protection of intellectual property in software distribution

Ratio Decidendi

The non-exclusive distribution agreement, including the post-term non-compete clause, is necessary to protect Unisolutions' intellectual property and facilitate transfer of know-how. It does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement dated 9 December 1992 between Unisolutions Associates and Dascom Services Limited and Manix Systems Limited does not contravene Section 4(1) of the Competition Act, 1991.