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
Summary, issues, holding and outcome
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Parties
Irish League of Credit Unions
Notifier/association
Member Credit Unions
Members/undertakings
Procedural Posture
Competition Authority Notification / Authority Decision
Legal Issues
- 1 Whether the ILCU rules requiring members to obtain insurance from ECCU offend Section 4(1) of the Competition Act, 1991
- 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.
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