Clonmel Chemicals Co. Ltd. / Ethical Pharmaceuticals Ltd. [1999] IECA 546 (16th April, 1999)

Clonmel Chemicals Co. Ltd. / Ethical Pharmaceuticals Ltd. [1999] IECA 546 (16th April, 1999)

The Know-How Licensing Agreement between Clonmel Chemicals and Ethical Pharmaceuticals, affecting less than 5% of the relevant market, does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, and is necessary for effective market entry and product development.

Citation
[1999] IECA 546
Parties
Notifying Party: Clonmel Chemicals Company Ltd; Other Party: Ethical Pharmaceuticals Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
certificate granted
Legal Topics
Know How Licensing, Exclusive Licensing, Pharmaceutical Market, Market Share, Restrictions on Competition
Competition Law Know How Licensing Exclusive Licensing Pharmaceutical Market Market Share Restrictions on Competition

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Parties

Clonmel Chemicals Company Ltd

Notifying Party

Ethical Pharmaceuticals Limited

Other Party

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Does the Know-How Licensing Agreement between Clonmel Chemicals and Ethical Pharmaceuticals restrict competition within the meaning of Section 4(1) of the Competition Act, 1991?
  2. 2 Is the agreement eligible for a certificate under Section 4(4) or a licence under Section 4(2) of the Competition Act, 1991?

Ratio Decidendi

The Know-How Licensing Agreement between Clonmel Chemicals and Ethical Pharmaceuticals, affecting less than 5% of the relevant market, does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, and is necessary for effective market entry and product development.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Clonmel Chemicals Company Ltd and Ethical Pharmaceuticals Limited does not offend against Section 4(1) of the Competition Act, 1991.