Dublin Institute of Technology Joint Purchasing Agreement [2000] IECA 578 (28th January, 2000)

Dublin Institute of Technology Joint Purchasing Agreement [2000] IECA 578 (28th January, 2000)

The notified joint purchasing agreement affects only 0.25% of the Irish hardware market, is limited in scope and duration, does not restrict suppliers except for the specific project, and does not have the object or effect of preventing, restricting, or distorting competition; therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[2000] IECA 578
Parties
Party to Agreement: Athlone Institute of Technology; Party to Agreement: Institute of Technology, Blanchardstown; Party to Agreement: Institute of Technology, Carlow; Party to Agreement: Cork Institute of Technology; Party to Agreement: Dublin Institute of Technology; Party to Agreement: Dundalk Institute of Technology; Party to Agreement: Dun Laoghaire Institute of Art, Design and Technology; Party to Agreement: Galway-Mayo Institute of Technology; Party to Agreement: Letterkenny Institute of Technology; Party to Agreement: Limerick Institute of Technology; Party to Agreement: Institute of Technology, Sligo; Party to Agreement: Institute of Technology, Tallaght; Party to Agreement: Tipperary Rural and Business Development Institute Limited; Party to Agreement: Institute of Technology, Tralee; Party to Agreement: Waterford Institute of Technology
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Final Decision
Outcome
Certificate issued; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Joint Purchasing Agreement, Public Procurement, Market Share, Undertakings, Section 4 Competition Act 1991
Competition Law Joint Purchasing Agreement Public Procurement Market Share Undertakings Section 4 Competition Act 1991

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Parties

Athlone Institute of Technology

Party to Agreement

Institute of Technology, Blanchardstown

Party to Agreement

Institute of Technology, Carlow

Party to Agreement

Cork Institute of Technology

Party to Agreement

Dublin Institute of Technology

Party to Agreement

Dundalk Institute of Technology

Party to Agreement

Dun Laoghaire Institute of Art, Design and Technology

Party to Agreement

Galway-Mayo Institute of Technology

Party to Agreement

Letterkenny Institute of Technology

Party to Agreement

Limerick Institute of Technology

Party to Agreement

Institute of Technology, Sligo

Party to Agreement

Institute of Technology, Tallaght

Party to Agreement

Tipperary Rural and Business Development Institute Limited

Party to Agreement

Institute of Technology, Tralee

Party to Agreement

Waterford Institute of Technology

Party to Agreement

Procedural Posture

Competition Authority Notification Decision / Final Decision

Legal Issues

  1. 1 Whether the joint purchasing agreement among third-level institutions contravenes Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified joint purchasing agreement affects only 0.25% of the Irish hardware market, is limited in scope and duration, does not restrict suppliers except for the specific project, and does not have the object or effect of preventing, restricting, or distorting competition; therefore, it does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the joint purchasing arrangements among the fifteen third-level educational institutions notified under Section 7 of the Competition Act on 16 November 1999 (notification no. CA/15/99) do not contravene Section 4(1) of the Competition Act, 1991, as amended.