ECS/Erinova & ECS/Belton [1993] IECA 31 (9th September, 1993)

ECS/Erinova & ECS/Belton [1993] IECA 31 (9th September, 1993)

The exclusive distribution agreements relate solely to territories outside the State and have neither the object nor effect of restricting competition within the State; therefore, they do not offend Section 4(1) of the Competition Act, 1991, and certificates may be issued.

Citation
[1993] IECA 31
Parties
Applicant: Energy Control Systems Ltd; Respondent: Erinova Ltd; Respondent: Belton Engineering Works Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification Under Section 7 of the Competition Act 1991
Outcome
Certificates issued; agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Distribution Agreements, Notification Under Competition Act 1991, Effect on Competition in the State
Competition Law Exclusive Distribution Agreements Notification Under Competition Act 1991 Effect on Competition in the State

Case Brief

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Parties

Energy Control Systems Ltd

Applicant

Erinova Ltd

Respondent

Belton Engineering Works Ltd

Respondent

Procedural Posture

Competition Authority Notification/decision / Decision on Notification Under Section 7 of the Competition Act 1991

Legal Issues

  1. 1 Whether exclusive distribution agreements for territories outside the State offend Section 4(1) of the Competition Act, 1991
  2. 2 Whether such agreements require notification or certification under the Act

Ratio Decidendi

The exclusive distribution agreements relate solely to territories outside the State and have neither the object nor effect of restricting competition within the State; therefore, they do not offend Section 4(1) of the Competition Act, 1991, and certificates may be issued.

Court Disposition

Certificates issued; agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued for ECS/Erinova agreement (2 June 1993) under Section 7.
  • Certificate issued for ECS/Belton agreement (21 January 1993) under Section 7.