Irish Competition Authority Decisions

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Cite as: [1993] IECA 14

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Palace/Abbey [1993] IECA 14 (19th February, 1993)

Competition Authority decision of 19 February 1993 relating to a notification under Section 7 of the Competition Act, 1991.

Notification No. CA/1111/92E - Palace Video Limited/Abbey Films Limited.

Decision No. 14

1. An oral agreement between Palace Video Limited and Abbey Films Limited concerning the distribution of films was notified to the Competition Authority on 30 September 1992 by Palace Video Limited. The notification requested a certificate, or in the event of a refusal by the Authority to grant a certificate, a licence.

2. On 17 December 1992 the notifying party's legal representatives informed the Authority that Palace Video Limited was now in administration in the United Kingdom and stated that they had been requested, by the administrator, to withdraw the notification. In response to a query by the Authority the notifying party's legal representatives stated, in January 1993, that they wished to withdraw the notification on the grounds that Palace Video Limited, which was no longer in administration, was due to go into liquidation shortly. The legal representatives stated that as the notified agreement was also the subject of another notification - no. CA/1054/92E - none of the parties to the agreement would be prejudiced by the withdrawal of notification no. CA/1111/92E. The legal representatives also stated that they had been instructed by the administrator to cease working on behalf of Palace Video Limited.

3. The Authority has established that, by order of the High Court in the United Kingdom, dated 13 January 1993, Palace Video Limited is now in liquidation.

The Decision

4. The Competition Authority has decided, on the basis that Palace Video Limited is in liquidation and having regard to the fact that the same agreement is the subject of notification no. CA/1054/92E, to accept withdrawal of notification no. CA/1111/92E - Palace Video Limited/Abbey Films Limited.

For the Competition Authority

Patrick M Lyons

Chairman

19 February 1993