An Post- Standard FrankingMachine Licence Agreement [1995] IECA 450 (18th December, 1995)

An Post- Standard FrankingMachine Licence Agreement [1995] IECA 450 (18th December, 1995)

The Authority found that the standard licence agreement does not have as its object or effect the prevention, restriction or distortion of competition. The restrictions in the licence are essential for efficient operation and fraud prevention, and the agreement does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1995] IECA 450
Parties
Notifier: An Post; Licensees: Business firms holding franking machine licences
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Authority 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, Monopoly, Licensing, Postal Services
Competition Law Anti Competitive Agreements Monopoly Licensing Postal Services

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Parties

An Post

Notifier

Business firms holding franking machine licences

Licensees

Procedural Posture

Competition Authority Notification Decision / Authority 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 standard franking machine licence agreement between An Post and its customers constitutes an anti-competitive agreement under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Authority found that the standard licence agreement does not have as its object or effect the prevention, restriction or distortion of competition. The restrictions in the licence are essential for efficient operation and fraud prevention, and the agreement does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the standard agreement between An Post and its customers relating to the licence of franking machines for denoting prepayment of postage does not offend against Section 4(1) of the Competition Act, 1991.