J. Donohoe Ltd. / Bubble Up International Ltd. ( The Monarch Company ) [1999] IECA 552 (27th May, 1999)

J. Donohoe Ltd. / Bubble Up International Ltd. ( The Monarch Company ) [1999] IECA 552 (27th May, 1999)

The agreement, being between undertakings with small market shares and exposed to significant competition, does not restrict or distort competition in the relevant market and therefore does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 552
Parties
Notifying Party: J. Donohoe Ltd.; Other Party: Bubble Up International Ltd. (The Monarch Company)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Distribution Agreement, Franchise Agreement, Market Share, Section 4 Competition Act 1991
Competition Law Exclusive Distribution Agreement Franchise Agreement Market Share Section 4 Competition Act 1991

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Parties

J. Donohoe Ltd.

Notifying Party

Bubble Up International Ltd. (The Monarch Company)

Other Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive bottling and distribution agreement contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement qualifies as a franchise agreement under the relevant Category Certificate & Licence

Ratio Decidendi

The agreement, being between undertakings with small market shares and exposed to significant competition, does not restrict or distort competition in the relevant market and therefore does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate granted; agreement does not contravene Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued stating the bottling and distribution agreement dated 9th February, 1966 does not contravene Section 4(1) of the Competition Act, 1991.