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URL: http://www.bailii.org/ie/cases/IECompA/1999/576.html
Cite as: [1999] IECA 576

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Eirtrade Limited / International Network Services Ltd [1999] IECA 576 (14th December, 1999)









COMPETITION AUTHORITY








Competition Authority Decision of 14 December 1999 relating to a proceeding under Section 4 of the Competition Act, 1991.




Notification No CA/682/92E: Eirtrade Limited/International Network Services Ltd.





Decision No. 576






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Competition Authority Decision of 14 December 1999 relating to a proceeding under Section 4 of the Competition Act, 1991


Notification No. CA/682/92E: Eirtrade Limited/International Network Services Ltd.


Decision No. 576


Introduction

1. Notification No. CA/682/92E was made by Eirtrade Limited 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 Authority to issue a certificate, a licence under Section 4(2) in respect of an exclusive distribution agreement between Eirtrade Limited and International Network Services Limited.

The Decision

2. The Competition Authority considers that, on the basis of the facts in its possession, the exclusive distribution agreement (Notification No. CA/682/92E) between Eirtrade Limited and International Network Services Limited 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 certificate or licence.


For the Competition Authority,


Professor Patrick McNutt
Chairperson
14 December 1999


© 1999 Irish Competition Authority


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URL: http://www.bailii.org/ie/cases/IECompA/1999/576.html