The Dublin Bankers Clearing Committee [1995] IECA 441 (23rd November, 1995)

The Dublin Bankers Clearing Committee [1995] IECA 441 (23rd November, 1995)

The DBCC Clearing Rules, as amended and revised to March 1987, do not contain provisions that prevent, restrict or distort competition. Membership is open to qualifying institutions, and the arrangements do not preclude participation in other clearing systems. Therefore, the rules do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1995] IECA 441
Parties
Party to Arrangement: Allied Irish Banks plc; Party to Arrangement: The Governor and Company of the Bank of Ireland; Party to Arrangement: National Irish Bank Ltd.; Party to Arrangement: Ulster Bank Ltd.; Party to Arrangement: TSB Bank; Party to Arrangement: Central Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision and Certification
Outcome
Certificate granted; rules do not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Clearing Systems, Banking Arrangements, Section 4 Competition Act 1991, Membership Criteria, Anti Competitive Agreements
Competition Law Banking Law Clearing Systems Banking Arrangements Section 4 Competition Act 1991 Membership Criteria Anti Competitive Agreements

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Parties

Allied Irish Banks plc

Party to Arrangement

The Governor and Company of the Bank of Ireland

Party to Arrangement

National Irish Bank Ltd.

Party to Arrangement

Ulster Bank Ltd.

Party to Arrangement

TSB Bank

Party to Arrangement

Central Bank of Ireland

Party to Arrangement

Procedural Posture

Competition Authority Decision / Final Decision and Certification

Legal Issues

  1. 1 Whether the DBCC Clearing Rules constitute an anti-competitive agreement under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the arrangements prevent, restrict or distort competition in the provision of payment clearing services

Ratio Decidendi

The DBCC Clearing Rules, as amended and revised to March 1987, do not contain provisions that prevent, restrict or distort competition. Membership is open to qualifying institutions, and the arrangements do not preclude participation in other clearing systems. Therefore, the rules do not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the Clearing Rules of the Dublin Bankers' Clearing Committee, as amended and revised to March 1987, do not offend against Section 4(1) of the Competition Act, 1991.