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ESM Paper Limited / Berghuizer Papierfabriek NV. [1999] IECA 564 (27th July, 1999)

COMPETITION AUTHORITY

Competition Authority Decision of 27 July 1999 relating to a proceeding under Section 4 of the Competition Act, 1991.

Notification No CA/967/92E: ESM Paper Limited/Berghuizer Papierfabriek NV.

Decision No. 564

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Competition Authority Decision of 27 July 1999 relating to a proceeding under Section 4 of the Competition Act, 1991.

Notification No CA/967/92E: ESM Paper Limited/Berghuizer Papierfabriek NV.

Decision No. 564

Introduction

1. Notification CA/967/92E was made by ESM Paper Limited on 30 September 1992 with a request for a licence under Section 4(2) of the Competition Act, 1991 in respect of an oral exclusive distribution agreement between ESM Paper Limited and Berghuizer Papierfabriek NV.

The Decision

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.

For the Competition Authority,

Professor Patrick McNutt

Chairperson

27 July 1999