2.
The
Competition Authority considers that, on the basis of the facts in its
possession, the exclusive distribution agreement (Notification No. CA/967/92E)
between ESM Paper Limited and Berghuizer Papierfabriek
NV
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 agreement operated. The Authority has, therefore, decided to
close the file without considering whether or not the agreement merits a licence.
