Motorfuels Category Licence [1993] IECA 25 (1st July, 1993)

Motorfuels Category Licence [1993] IECA 25 (1st July, 1993)

Exclusive purchasing agreements for motor fuels generally offend against Section 4(1) but may qualify for a category licence under Section 4(2) if limited to ten years for solus dealers, accompanied by commercial or financial advantages, and do not extend to resale price maintenance, post-term restrictions, or exclusive purchasing of non-motor fuel products. The licence is granted only to agreements meeting these conditions.

Citation
[1993] IECA 25
Parties
Decision Maker: Competition Authority; Affected Parties: Motor fuel suppliers and resellers
Jurisdiction
Ireland
Procedural Posture
Administrative Decision / Final Decision
Outcome
category licence granted with conditions
Legal Topics
Exclusive Purchasing Agreements, Category Licence, Motor Fuels, Restraint of Trade, Distribution Agreements
Competition Law Commercial Law Exclusive Purchasing Agreements Category Licence Motor Fuels Restraint of Trade Distribution Agreements

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Parties

Competition Authority

Decision Maker

Motor fuel suppliers and resellers

Affected Parties

Procedural Posture

Administrative Decision / Final Decision

Legal Issues

  1. 1 Whether exclusive purchasing agreements for motor fuels offend against Section 4(1) of the Competition Act, 1991
  2. 2 Whether such agreements qualify for a category licence under Section 4(2)
  3. 3 What restrictions are permissible under the category licence

Ratio Decidendi

Exclusive purchasing agreements for motor fuels generally offend against Section 4(1) but may qualify for a category licence under Section 4(2) if limited to ten years for solus dealers, accompanied by commercial or financial advantages, and do not extend to resale price maintenance, post-term restrictions, or exclusive purchasing of non-motor fuel products. The licence is granted only to agreements meeting these conditions.

Court Disposition

category licence granted with conditions

Orders

  • Licence granted under Section 4(2) for exclusive purchasing agreements in motor fuels meeting specified conditions.
  • Agreements not meeting conditions are refused licence.