Maxol/Distributor (Licence) Licence (Deed of Change) [1994] IECA 320 (21st April, 1994)

Maxol/Distributor (Licence) Licence (Deed of Change) [1994] IECA 320 (21st April, 1994)

The notified agreements, while offending Section 4(1) by underpinning exclusive distribution arrangements, satisfy the exemption conditions of Section 4(2) as they contribute to distribution efficiency and do not eliminate competition or impose unnecessary terms. Therefore, licences are granted for the agreements.

Citation
[1994] IECA 320
Parties
Applicant: Maxol Limited; Respondent: John Kennedy; Respondent: Mohill Fuel Oils Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Law Notification and Licence Application / Decision on Notification and Grant of Licence
Outcome
Licences granted for notified agreements; Section 4(1) declared inapplicable for the period specified.
Legal Topics
Exclusive Distribution Agreements, Licence Agreements, Deed of Charge, Section 4 Competition Act 1991
Competition Law Exclusive Distribution Agreements Licence Agreements Deed of Charge Section 4 Competition Act 1991

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Parties

Maxol Limited

Applicant

John Kennedy

Respondent

Mohill Fuel Oils Ltd

Respondent

Procedural Posture

Competition Law Notification and Licence Application / Decision on Notification and Grant of Licence

Legal Issues

  1. 1 Whether the notified agreements offend against Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreements satisfy the conditions for exemption under Section 4(2) of the Competition Act, 1991

Ratio Decidendi

The notified agreements, while offending Section 4(1) by underpinning exclusive distribution arrangements, satisfy the exemption conditions of Section 4(2) as they contribute to distribution efficiency and do not eliminate competition or impose unnecessary terms. Therefore, licences are granted for the agreements.

Court Disposition

Licences granted for notified agreements; Section 4(1) declared inapplicable for the period specified.

Orders

  • Licence granted for Maxol Limited/Distributor Licence Agreement (CA/95/92E) from 21 April 1994 to 31 December 1998.
  • Licence granted for Maxol Limited/John Kennedy/Mohill Fuel Oils Ltd (Deed of Charge) (CA/96/92) from 21 April 1994 to 31 December 1998.