Irish Competition Authority Decisions

1. Notification CA/50/92E was made by Curust on 30 September 1992 with a request for a certificate under Section 4(4) of the Competition Act, 1991 or, in the event of a refusal by the Competition Authority to grant a certificate, a licence under Section 4(2) in respect of an exclusive distribution (and manufacture) agreement between Curust Financial Service Limited and Loewe-Lack-Werk Otto Loewe Gmbh & Co. K.G.

2. The Competition Authority considers that, on the basis of the facts in its possession, the exclusive distribution (and manufacture) agreement (Notification No. CA/50/92E) between Curust Financial Service Limited and Loewe-Lack-Werk Otto Loewe Gmbh & Co., K.G., has expired. The agreement in question was in existence at the time the Competition Act, 1991 came into force. The Authority has set out in Decision No. 527 its reasons for concluding that where such an agreement has terminated, a decision to issue or not to issue a certificate has no legal consequences and, by virtue of Section 7(3), no licence can now be awarded for the period during which the agreements operated. The Authority has, therefore, decided to close the files without considering whether or not the agreements merit a certificate or licence.

For the Competition Authority,

Professor Patrick McNutt

Chairperson

21 June 1999