Edward Dillon & Co Ltd/Jas Hennessy & Co Ltd. [2000] IECA 582 (29th February, 2000)

Edward Dillon & Co Ltd/Jas Hennessy & Co Ltd. [2000] IECA 582 (29th February, 2000)

Hennessy holds a decisive shareholding and appoints directors in Dillon, resulting in common control. The agreement is an assignment of functions within a single economic unit, not between independent undertakings. Therefore, the agency agreement does not have the object or effect of preventing, restricting, or distorting competition and does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[2000] IECA 582
Parties
Notifying Party: Edward Dillon & Co Ltd; Notifying Party: Jas Hennessy & Co Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
certificate issued; agreement found not to contravene Section 4(1)
Legal Topics
Exclusive Agency Agreements, Vertical Integration, Control and Shareholding, Assignment of Functions, Definition of Undertakings
Competition Law Exclusive Agency Agreements Vertical Integration Control and Shareholding Assignment of Functions Definition of Undertakings

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Parties

Edward Dillon & Co Ltd

Notifying Party

Jas Hennessy & Co Ltd

Notifying Party

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Does the agency agreement between Hennessy and Dillon contravene Section 4(1) of the Competition Act, 1991?
  2. 2 Are Hennessy and Dillon independent undertakings or parts of a single economic unit for the purposes of competition law?

Ratio Decidendi

Hennessy holds a decisive shareholding and appoints directors in Dillon, resulting in common control. The agreement is an assignment of functions within a single economic unit, not between independent undertakings. Therefore, the agency agreement does not have the object or effect of preventing, restricting, or distorting competition and does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued; agreement found not to contravene Section 4(1)

Orders

  • The Competition Authority certifies that the agency agreement between Jas Hennessy & Co Ltd and Edward Dillon & Co Ltd does not contravene Section 4(1) of the Competition Act, 1991.