Omnitron Ltd/ Cryptovision A/S (as amended) [1995] IECA 393 (12th April, 1995)

Omnitron Ltd/ Cryptovision A/S (as amended) [1995] IECA 393 (12th April, 1995)

The original exclusive distribution agreement offended Section 4(1) by restricting competition and limiting the distributor's freedom to set resale prices. After amendment to remove resale price restrictions, the agreement satisfied Section 4(2) and qualified for a licence as it met the statutory conditions for exemption.

Citation
[1995] IECA 393
Parties
Applicant: Omnitron Ltd; Respondent: Cryptovision A/S; Other: Tandberg A/S
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision on Notification and Licence Application
Outcome
licence granted
Legal Topics
Exclusive Distribution Agreements, Vertical Restraints, Non Disclosure Agreements, Licensing, Restraint of Trade
Competition Law Exclusive Distribution Agreements Vertical Restraints Non Disclosure Agreements Licensing Restraint of Trade

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Omnitron Ltd

Applicant

Cryptovision A/S

Respondent

Tandberg A/S

Other

Procedural Posture

Competition Authority Decision / Final Decision on Notification and Licence Application

Legal Issues

  1. 1 Whether the exclusive distribution agreement offends Section 4(1) of the Competition Act, 1991
  2. 2 Whether the amended agreement qualifies for a licence under Section 4(2) of the Competition Act, 1991

Ratio Decidendi

The original exclusive distribution agreement offended Section 4(1) by restricting competition and limiting the distributor's freedom to set resale prices. After amendment to remove resale price restrictions, the agreement satisfied Section 4(2) and qualified for a licence as it met the statutory conditions for exemption.

Court Disposition

licence granted

Orders

  • Licence granted under Section 4(2) of the Competition Act, 1991 to the amended exclusive distribution agreement between Omnitron Ltd, Cryptovision A/S and Tandberg A/S, effective from 12 April 1995 to 11 April 2000.