Warner-Lambert / Elan Pharma / Hornsea; Hornsea / Elan; Warner-Lambert / Hornsea [1999] IECA 543 (24th March, 1999)

Warner-Lambert / Elan Pharma / Hornsea; Hornsea / Elan; Warner-Lambert / Hornsea [1999] IECA 543 (24th March, 1999)

The Authority cannot issue a certificate or licence for agreements that have expired; such action would have no legal effect.

Citation
[1999] IECA 543
Parties
Notifier: Warner-Lambert (Ireland) Limited; Counterparty: Elan Pharma Limited; Counterparty: Elan Corporation Plc; Counterparty: Hornsea
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate/licence Application
Outcome
files closed without consideration of merits
Legal Topics
Joint Venture Agreements, Expired Agreements, Certificates and Licences Under Competition Act 1991
Competition Law Joint Venture Agreements Expired Agreements Certificates and Licences Under Competition Act 1991

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Parties

Warner-Lambert (Ireland) Limited

Notifier

Elan Pharma Limited

Counterparty

Elan Corporation Plc

Counterparty

Hornsea

Counterparty

Procedural Posture

Competition Notification / Decision on Certificate/licence Application

Legal Issues

  1. 1 Whether the Competition Authority can issue a certificate or licence under Section 4 of the Competition Act, 1991 for expired agreements

Ratio Decidendi

The Authority cannot issue a certificate or licence for agreements that have expired; such action would have no legal effect.

Court Disposition

files closed without consideration of merits

Orders

  • No certificate or licence issued for the notified agreements.
  • Files closed.