The Direct Debiting Committee [1995] IECA 442 (23rd November, 1995)

The Direct Debiting Committee [1995] IECA 442 (23rd November, 1995)

The DDC rules and Originators Guide, as notified and amended, do not contain provisions that prevent, restrict, or distort competition. The arrangements are open to any licensed financial institution, and the rules address practical matters without affecting competition between institutions. Therefore, the arrangements do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1995] IECA 442
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: Central Bank of Ireland; Party to Arrangement: TSB Bank
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification and Decision / Final Decision and Certificate Issued
Outcome
Certificate granted; arrangements do not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Direct Debiting Scheme, Association of Undertakings, Section 4 Competition Act 1991, Anti Competitive Agreements, Banking Services
Competition Law Banking Law Direct Debiting Scheme Association of Undertakings Section 4 Competition Act 1991 Anti Competitive Agreements Banking Services

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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

Central Bank of Ireland

Party to Arrangement

TSB Bank

Party to Arrangement

Procedural Posture

Competition Authority Notification and Decision / Final Decision and Certificate Issued

Legal Issues

  1. 1 Whether the Direct Debiting Committee Rules and Originators Guide constitute an agreement or decision by an association of undertakings under Section 4 of the Competition Act, 1991
  2. 2 Whether the arrangements have the object or effect of preventing, restricting or distorting competition

Ratio Decidendi

The DDC rules and Originators Guide, as notified and amended, do not contain provisions that prevent, restrict, or distort competition. The arrangements are open to any licensed financial institution, and the rules address practical matters without affecting competition between institutions. Therefore, the arrangements do not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the Direct Debiting Committee Rules and Originators Guide of the Direct Debiting Scheme, as notified and amended, do not offend against Section 4(1) of the Competition Act, 1991.