GECC/GPA [1993] IECA 28 (9th September, 1993)

GECC/GPA [1993] IECA 28 (9th September, 1993)

The agreements for the sale of certain aircraft and deferred payment arrangements between GPA and GE Capital do not have as their object or effect the prevention, restriction or distortion of competition within the State, as only a small portion of assets are involved and there are no restrictive provisions affecting competition.

Citation
[1993] IECA 28
Parties
Purchaser: General Electric Capital Corporation; Seller: GPA Group Plc
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notified Agreement
Outcome
Certificate issued; agreement does not offend Section 4(1)
Legal Topics
Agreement Between Undertakings, Asset Sale, Deferred Payment, Section 4(1) Competition Act 1991
Competition Law Agreement Between Undertakings Asset Sale Deferred Payment Section 4(1) Competition Act 1991

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Parties

General Electric Capital Corporation

Purchaser

GPA Group Plc

Seller

Procedural Posture

Competition Authority Notification / Decision on Notified Agreement

Legal Issues

  1. 1 Whether the notified agreements have as their object or effect the prevention, restriction or distortion of competition within the State under Section 4(1) of the Competition Act 1991

Ratio Decidendi

The agreements for the sale of certain aircraft and deferred payment arrangements between GPA and GE Capital do not have as their object or effect the prevention, restriction or distortion of competition within the State, as only a small portion of assets are involved and there are no restrictive provisions affecting competition.

Court Disposition

Certificate issued; agreement does not offend Section 4(1)

Orders

  • The Competition Authority certifies that the agreement between General Electric Capital Corporation and GPA Group Plc for the purchase of aircraft and deferred payments does not offend against Section 4(1) of the Competition Act 1991.