Competition Authority -v- Beef Industry Developments Society Ltd & anor [2009] IESC 72 (03 November 2009)

Competition Authority -v- Beef Industry Developments Society Ltd & anor [2009] IESC 72 (03 November 2009)

The Supreme Court held that, following the European Court of Justice's ruling that the BIDS arrangements were anti-competitive by object under Article 81(1) EC, the case must be remitted to the High Court for a full and proper analysis under Article 81(3) EC to determine if the arrangements qualify for exemption, as the High Court's prior analysis was hypothetical and not determinative.

Citation
[2009] IESC 72
Parties
Plaintiff/appellant: Competition Authority; Defendant/respondent: Beef Industry Developments Society Limited; Defendant/respondent: Barry Bros. (Carrigmore) Meats Limited
Jurisdiction
Ireland
Judgment Date
03 November 2009
Procedural Posture
Civil / Appeal From High Court to Supreme Court; Remitted to High Court
Outcome
Appeal allowed; matter remitted to High Court for further analysis under Article 81(3) EC.
Legal Topics
Article 81 EC (now Article 101 Tfeu), Anti Competitive Agreements, Exemption Under Article 81(3) EC, Market Rationalisation, Industry Restructuring
Competition Law European Union Law Article 81 EC (now Article 101 Tfeu) Anti Competitive Agreements Exemption Under Article 81(3) EC Market Rationalisation Industry Restructuring

Case Brief

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Parties

Competition Authority

Plaintiff/appellant

Beef Industry Developments Society Limited

Defendant/respondent

Barry Bros. (Carrigmore) Meats Limited

Defendant/respondent

Procedural Posture

Civil / Appeal From High Court to Supreme Court; Remitted to High Court

Legal Issues

  1. 1 Whether the BIDS arrangements have as their object the prevention, restriction or distortion of competition under Article 81(1) EC
  2. 2 Whether the BIDS arrangements can benefit from exemption under Article 81(3) EC
  3. 3 Whether the restrictions in the BIDS arrangements are indispensable to the attainment of their objectives

Ratio Decidendi

The Supreme Court held that, following the European Court of Justice's ruling that the BIDS arrangements were anti-competitive by object under Article 81(1) EC, the case must be remitted to the High Court for a full and proper analysis under Article 81(3) EC to determine if the arrangements qualify for exemption, as the High Court's prior analysis was hypothetical and not determinative.

Court Disposition

Appeal allowed; matter remitted to High Court for further analysis under Article 81(3) EC.

Orders

  • Remit the case to the High Court for a de novo determination of whether the BIDS arrangements satisfy the requirements of Article 81(3) EC.