An Post/Neopost/BNP [1995] IECA 453 (18th December, 1995)

An Post/Neopost/BNP [1995] IECA 453 (18th December, 1995)

The agreement does not have as its object or effect the prevention, restriction, or distortion of competition in the State, as the restrictions are necessary to prevent fraudulent use and ensure system reliability, and An Post does not restrict the number of suppliers or the charges imposed by Neopost.

Citation
[1995] IECA 453
Parties
Party: An Post; Party: Neopost Limited; Party: Banque Nationale de Paris (BNP)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991
Outcome
Certificate issued; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Market Regulation, Monopoly, Supply of Franking Machines
Competition Law Anti Competitive Agreements Market Regulation Monopoly Supply of Franking Machines

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Parties

An Post

Party

Neopost Limited

Party

Banque Nationale de Paris (BNP)

Party

Procedural Posture

Competition Authority Decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the agreement between An Post, Neopost, and BNP restricts, prevents, or distorts competition in the Irish market for franking machines in violation of Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The agreement does not have as its object or effect the prevention, restriction, or distortion of competition in the State, as the restrictions are necessary to prevent fraudulent use and ensure system reliability, and An Post does not restrict the number of suppliers or the charges imposed by Neopost.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement of 15 November 1993 between An Post, Neopost Limited, and Banque Nationale de Paris as to the supply of franking machines does not offend against Section 4(1) of the Competition Act, 1991.