AGF/Irish Life Holdings [1992] IECA 2 (14th May, 1992)

AGF/Irish Life Holdings [1992] IECA 2 (14th May, 1992)

The arrangements between AGFILH, CG, and ICI do not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991, because the companies form a single economic entity and the arrangements are an internal reallocation of functions, not an agreement between independent competitors.

Citation
[1992] IECA 2
Parties
Notifying Party: AGF-Irish Life Holdings plc; Subsidiary: Church & General Insurance plc; Subsidiary: The Insurance Corporation of Ireland plc
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Decision on Notification for Certificate Under Section 4(2) of the Competition Act, 1991
Outcome
Certificate issued; arrangements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Group Undertakings, Internal Reorganisation, Market Allocation, Section 4 Competition Act 1991, Definition of Undertaking
Competition Law Group Undertakings Internal Reorganisation Market Allocation Section 4 Competition Act 1991 Definition of Undertaking

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Parties

AGF-Irish Life Holdings plc

Notifying Party

Church & General Insurance plc

Subsidiary

The Insurance Corporation of Ireland plc

Subsidiary

Procedural Posture

Competition Authority Notification Decision / Decision on Notification for Certificate Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether arrangements between wholly-owned subsidiaries and parent company constitute an agreement restricting competition under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the notified arrangements prevent, restrict or distort competition

Ratio Decidendi

The arrangements between AGFILH, CG, and ICI do not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991, because the companies form a single economic entity and the arrangements are an internal reallocation of functions, not an agreement between independent competitors.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between AGF-Irish Life Holdings, Church and General, and Insurance Corporation of Ireland (CA/7/92), whereby Church and General and Insurance Corporation will each confine their activities to particular segments of the non-life insurance market, does not offend...