Cahill May Roberts Ltd / Guerlain Ltd [1999] IECA 538 (22nd February, 1999)

Cahill May Roberts Ltd / Guerlain Ltd [1999] IECA 538 (22nd February, 1999)

The notified agreement does not contain blacklisted clauses, the parties have less than 20% market share, and CMR acts as an agent rather than an independent distributor. Therefore, the agreement does not prevent, restrict, or distort competition and does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 538
Parties
Notifying Party: Cahill May Roberts Ltd; Principal: Guerlain Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate granted
Legal Topics
Distribution Agreements, Agency, Vertical Restraints
Competition Law Distribution Agreements Agency Vertical Restraints

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Parties

Cahill May Roberts Ltd

Notifying Party

Guerlain Ltd

Principal

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the notified agency agreement between Guerlain Ltd and Cahill May Roberts Ltd contravenes Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified agreement does not contain blacklisted clauses, the parties have less than 20% market share, and CMR acts as an agent rather than an independent distributor. Therefore, the agreement does not prevent, restrict, or distort competition and does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Guerlain Ltd and Cahill May Roberts Ltd does not contravene Section 4(1) of the Competition Act, 1991.