Irish Competition Authority Decisions

1. Notification was made by Warner-Lambert (Ireland) 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 Competition Authority to grant a certificate, a licence under Section 4(2) in respect of a joint venture agreement between Warner-Lambert and Elan Pharma Limited. Notification was also made of two related agreements, namely (a) a Supply Agreement (CA/652/92E) between the joint venture company and Elan Corporation Plc in respect of certain pharmaceutical compounds, and a Services Agreement (CA/695/92E) between the joint venture company and Warner-Lambert in relation to management and marketing services.

2. The Competition Authority, on the basis of the facts in its possession, considers that the notified agreements listed below have expired. The agreements in question were in existence at the time the Competition Act, 1991 came into force. The Authority has set out, in decision no. 521, 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.

Notification No. CA/696/92E - Warner-Lambert / Elan Pharma / Hornsea -

For the Competition Authority,

Declan Purcell,

Member.

24 March 1999