Gill & Macmillan/Attic Press; Gill & Macmillan/Brandon Book Publishers; Gill & Macmillan/Liliput Press; Gill & Macmillan/Irish Academic Press; Gill & Macmillan/Four Courts Press; Gill & Macmillan/Roundhall Press; Gill & Macmillan/O'Brien Press; Gill & Macmillan/Wolfhound Press; Gill & Macmillan/Townhouse Countryhouse Publishers Ltd. [1994] IECA 366 (28th October, 1994)

Gill & Macmillan/Attic Press; Gill & Macmillan/Brandon Book Publishers; Gill & Macmillan/Liliput Press; Gill & Macmillan/Irish Academic Press; Gill & Macmillan/Four Courts Press; Gill & Macmillan/Roundhall Press; Gill & Macmillan/O'Brien Press; Gill & Macmillan/Wolfhound Press; Gill & Macmillan/Townhouse Countryhouse Publishers Ltd. [1994] IECA 366 (28th October, 1994)

The notified sole distribution agreements do not have as their object or effect the prevention, restriction, or distortion of competition in the State. The arrangements are not exclusive distribution or commercial agency agreements but are primarily delivery and related services. The removal of the resale price...

Source-derived case information.

Citation
[1994] IECA 366
Parties
Applicant: Gill & Macmillan Ltd; Respondent: Attic Press; Respondent: Brandon Book Publishers; Respondent: Lilliput Press; Respondent: Irish Academic Press; Respondent: Four Courts Press; Respondent: Roundhall Press; Respondent: O'Brien Press; Respondent: Wolfhound Press; Respondent: Townhouse & Countryhouse Publishers Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued; agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Sole Distribution Agreements, Resale Price Maintenance, Section 4 Competition Act 1991, Book Distribution Market, Discriminatory Service Charges
Competition Law Sole Distribution Agreements Resale Price Maintenance Section 4 Competition Act 1991 Book Distribution Market Discriminatory Service Charges

Source-derived case record

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Parties

Gill & Macmillan Ltd

Applicant

Attic Press

Respondent

Brandon Book Publishers

Respondent

Lilliput Press

Respondent

Irish Academic Press

Respondent

Four Courts Press

Respondent

Roundhall Press

Respondent

O'Brien Press

Respondent

Wolfhound Press

Respondent

Townhouse & Countryhouse Publishers Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sole distribution agreements between Gill & Macmillan and various publishers offend against Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreements constitute exclusive distribution, commercial agency, or delivery agreements
  3. 3 Whether the agreements restrict, prevent, or distort competition in the Irish book distribution market

Ratio Decidendi

The notified sole distribution agreements do not have as their object or effect the prevention, restriction, or distortion of competition in the State. The arrangements are not exclusive distribution or commercial agency agreements but are primarily delivery and related services. The removal of the resale price maintenance clause (clause 16) eliminates any anti-competitive effect. Differential service charges are objectively justified and not discriminatory. Therefore, the agreements do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued; agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued for the sole distribution agreements between Gill & Macmillan and the named publishers as notified on 30 September 1992.