The Cheque Card Committee [1995] IECA 427 (2nd October, 1995)

The Cheque Card Committee [1995] IECA 427 (2nd October, 1995)

The Cheque Card Committee Rules and Regulations do not have as their object or effect the prevention, restriction or distortion of competition, as the scheme is voluntary, does not restrict non-members, and the rules serve legitimate purposes such as security and operational efficiency.

Citation
[1995] IECA 427
Parties
Party to Agreement: Allied Irish Banks plc; Party to Agreement: The Governor and Company of the Bank of Ireland; Party to Agreement: National Irish Bank Ltd.; Party to Agreement: Ulster Bank Ltd.; Party to Agreement: ACC Bank; Party to Agreement: TSB Bank; Party to Agreement: Irish Permanent plc; Notifying Party: The Cheque Card Committee
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Final Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate granted under Section 4(4) of the Competition Act, 1991, confirming the notified arrangements do not offend against Section 4(1).
Legal Topics
Anti Competitive Agreements, Banking Services, Cheque Guarantee Cards, Section 4 Competition Act 1991
Competition Law Anti Competitive Agreements Banking Services Cheque Guarantee Cards Section 4 Competition Act 1991

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Parties

Allied Irish Banks plc

Party to Agreement

The Governor and Company of the Bank of Ireland

Party to Agreement

National Irish Bank Ltd.

Party to Agreement

Ulster Bank Ltd.

Party to Agreement

ACC Bank

Party to Agreement

TSB Bank

Party to Agreement

Irish Permanent plc

Party to Agreement

The Cheque Card Committee

Notifying Party

Procedural Posture

Competition Authority Notification Decision / Final Decision on Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the Rules and Regulations of the Cheque Card Committee constitute an agreement or decision that has as its object or effect the prevention, restriction or distortion of competition under Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The Cheque Card Committee Rules and Regulations do not have as their object or effect the prevention, restriction or distortion of competition, as the scheme is voluntary, does not restrict non-members, and the rules serve legitimate purposes such as security and operational efficiency.

Court Disposition

Certificate granted under Section 4(4) of the Competition Act, 1991, confirming the notified arrangements do not offend against Section 4(1).

Orders

  • The Competition Authority certifies that the Rules and Regulations of the Cheque Card Committee, notified on 25 September 1992, do not offend against Section 4(1) of the Competition Act.