The Irish League of Credit Unions [1995] IECA 440 (20th November, 1995)

The Irish League of Credit Unions [1995] IECA 440 (20th November, 1995)

The ILCU rules, including the requirement for members to obtain insurance from ECCU, do not offend Section 4(1) of the Competition Act, 1991, because membership is voluntary, the market impact is minimal, and the rules are not used to prevent access or expel members unfairly.

Citation
[1995] IECA 440
Parties
Notifier/association: Irish League of Credit Unions; Members/undertakings: Member Credit Unions
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Authority Decision
Outcome
Certificate granted; rules do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Association Rules, Exclusive Dealing, Joint Buying Arrangements, Membership Criteria, Insurance Services

Case Brief

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Parties

Irish League of Credit Unions

Notifier/association

Member Credit Unions

Members/undertakings

Procedural Posture

Competition Authority Notification / Authority Decision

  1. 1 Whether the ILCU rules requiring members to obtain insurance from ECCU offend Section 4(1) of the Competition Act, 1991
  2. 2 Whether the membership and expulsion rules of the ILCU restrict competition

Ratio Decidendi

The ILCU rules, including the requirement for members to obtain insurance from ECCU, do not offend Section 4(1) of the Competition Act, 1991, because membership is voluntary, the market impact is minimal, and the rules are not used to prevent access or expel members unfairly.

Court Disposition

Certificate granted; rules do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the Rules of the Irish League of Credit Unions dated April 1992, notification no. CA/153/92E, do not offend against Section 4(1) of the Competition Act, 1991.