Snowcream Ltd. / Oliver Murphy [1998] IECA 500 (12th May, 1998)

Snowcream Ltd. / Oliver Murphy [1998] IECA 500 (12th May, 1998)

The Authority found that the exclusive distribution agreement did not restrict inter-brand or intra-brand competition, was designed to enhance distribution efficiency, and did not have the object or effect of preventing, restricting, or distorting competition. Therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 500
Parties
Notifying Party: Snowcream Limited; Counterparty: Oliver Murphy
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Exclusive Distribution Agreements, Door to Door Milk Delivery, Section 4 Competition Act 1991, Market Definition, Anti Competitive Agreements
Competition Law Exclusive Distribution Agreements Door to Door Milk Delivery Section 4 Competition Act 1991 Market Definition Anti Competitive Agreements

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Parties

Snowcream Limited

Notifying Party

Oliver Murphy

Counterparty

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Does the exclusive distribution agreement between Snowcream Limited and Oliver Murphy contravene Section 4(1) of the Competition Act, 1991?

Ratio Decidendi

The Authority found that the exclusive distribution agreement did not restrict inter-brand or intra-brand competition, was designed to enhance distribution efficiency, and did not have the object or effect of preventing, restricting, or distorting competition. Therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that, in its opinion, on the basis of the facts in its possession, the Snowcream distributor agreement (notification no. CA/1137/92EX), notified on 30 September 1992 under Section 7 did not contravene Section 4(1) of the Competition Act, 1991 while it was in existence.