Cahill May Roberts Ltd / Elizabeth Arden Ltd [1999] IECA 537 (22nd February, 1999)

Cahill May Roberts Ltd / Elizabeth Arden Ltd [1999] IECA 537 (22nd February, 1999)

The agreement does not contain blacklisted clauses, the parties' market shares are below the relevant threshold, and the arrangement is functionally similar to permitted vertical distribution agreements. Therefore, the notified agreement does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 537
Parties
Notifying Party: Cahill May Roberts Ltd; Other Party: Elizabeth Arden Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate granted; agreement does not contravene Section 4(1)
Legal Topics
Exclusive Distribution Agreement, Commercial Agency, Market Share, Vertical Agreements, Section 4 Competition Act 1991
Competition Law Exclusive Distribution Agreement Commercial Agency Market Share Vertical Agreements Section 4 Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Cahill May Roberts Ltd

Notifying Party

Elizabeth Arden Ltd

Other Party

Procedural Posture

Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

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

Ratio Decidendi

The agreement does not contain blacklisted clauses, the parties' market shares are below the relevant threshold, and the arrangement is functionally similar to permitted vertical distribution agreements. Therefore, the notified agreement does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted; agreement does not contravene Section 4(1)

Orders

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