Irish Life Assurance plc / Registered Irish Life Insurance Brokers [1999] IECA 549 (16th April, 1999)

The agency agreement as amended by waiver of adherence to the IIF Agreement does not contravene Section 4(1) of the Competition Act, 1991, as it does not prevent, restrict, or distort competition.

Citation: [1999] IECA 549
Parties: Notifying Party: Irish Life Assurance plc; Other Party: Registered Irish Life Insurance Brokers
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Final Decision
Outcome: Certificate issued; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics: Agency Agreements, Insurance Brokers, Maximum Commission Rates, Vertical Agreements, Horizontal Agreements

Competition Law Agency Agreements Insurance Brokers Maximum Commission Rates Vertical Agreements Horizontal Agreements

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Parties

Irish Life Assurance plc

Notifying Party

Registered Irish Life Insurance Brokers

Other Party

Procedural Posture

Competition Notification / Final Decision

Legal Issues

1 Whether the agency agreement between Irish Life Assurance plc and registered brokers contravenes Section 4(1) of the Competition Act, 1991
2 Whether adherence to the Irish Insurance Federation Agreement on maximum commission rates restricts competition

Ratio Decidendi

The agency agreement as amended by waiver of adherence to the IIF Agreement does not contravene Section 4(1) of the Competition Act, 1991, as it does not prevent, restrict, or distort competition.

Court Disposition

Certificate issued; agreement does not contravene Section 4(1) of the Competition Act, 1991.

Orders

Certificate issued confirming agreement does not contravene Section 4(1) of the Competition Act, 1991.