UCD/Bank of Ireland [1994] IECA 288 (10th March, 1994)

UCD/Bank of Ireland [1994] IECA 288 (10th March, 1994)

The agreement does not offend Section 4(1) of the Competition Act 1991 because both parties are undertakings engaged for gain, the exclusivity is limited to the campus, and there is ample competition in the vicinity.

Citation
[1994] IECA 288
Parties
Party to Agreement: University College Dublin; Party to Agreement and Notifier: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification and Certification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act 1991
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Exclusive Concession Agreements, Definition of Undertaking, Exclusivity Clauses, Banking Services on University Premises
Competition Law Exclusive Concession Agreements Definition of Undertaking Exclusivity Clauses Banking Services on University Premises

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Parties

University College Dublin

Party to Agreement

The Governor and Company of the Bank of Ireland

Party to Agreement and Notifier

Procedural Posture

Competition Authority Notification and Certification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act 1991

Legal Issues

  1. 1 Whether the exclusive concession agreement between UCD and Bank of Ireland offends Section 4(1) of the Competition Act 1991
  2. 2 Whether UCD qualifies as an undertaking engaged for gain under the Act

Ratio Decidendi

The agreement does not offend Section 4(1) of the Competition Act 1991 because both parties are undertakings engaged for gain, the exclusivity is limited to the campus, and there is ample competition in the vicinity.

Court Disposition

Certificate issued; agreement does not offend Section 4(1) of the Competition Act 1991.

Orders

  • The Competition Authority certifies that the agreement between University College Dublin and the Bank of Ireland does not offend Section 4(1) of the Competition Act 1991.