Dublin Institute of Technology / Joint Purchasing Agreement. [1998] IECA 510 (17th June, 1998)

Dublin Institute of Technology / Joint Purchasing Agreement. [1998] IECA 510 (17th June, 1998)

The notified joint purchasing agreement does not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991, due to its limited scope, minor market impact, and member institutions' freedom to purchase outside the scheme.

Citation
[1998] IECA 510
Parties
Party to Agreement: RTC Athlone; Party to Agreement: RTC Carlow; Party to Agreement: RTC Cork; Party to Agreement: Dublin Institute of Technology; Party to Agreement: RTC Dundalk; Party to Agreement: RTC Dun Laoghaire; Party to Agreement: RTC Galway; Party to Agreement: RTC Letterkenny; Party to Agreement: RTC Limerick; Party to Agreement: RTC Sligo; Party to Agreement: RTC Tallaght; Party to Agreement: Tipperary Rural and Business Development Institute; Party to Agreement: RTC 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 Agreements, Section 4 Competition Act 1991, Definition of Undertakings, Market Impact Assessment, Group Buying Arrangements
Competition Law Joint Purchasing Agreements Section 4 Competition Act 1991 Definition of Undertakings Market Impact Assessment Group Buying Arrangements

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Parties

RTC Athlone

Party to Agreement

RTC Carlow

Party to Agreement

RTC Cork

Party to Agreement

Dublin Institute of Technology

Party to Agreement

RTC Dundalk

Party to Agreement

RTC Dun Laoghaire

Party to Agreement

RTC Galway

Party to Agreement

RTC Letterkenny

Party to Agreement

RTC Limerick

Party to Agreement

RTC Sligo

Party to Agreement

RTC Tallaght

Party to Agreement

Tipperary Rural and Business Development Institute

Party to Agreement

RTC Tralee

Party to Agreement

Waterford Institute of Technology

Party to Agreement

Procedural Posture

Competition Authority Notification Decision / Final Decision

Legal Issues

  1. 1 Whether joint purchasing agreement among third-level institutions contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether participating institutions are undertakings under the Act
  3. 3 Whether the agreement prevents, restricts, or distorts competition

Ratio Decidendi

The notified joint purchasing agreement does not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991, due to its limited scope, minor market impact, and member institutions' freedom to purchase outside the scheme.

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 fourteen third-level educational institutions do not contravene Section 4(1) of the Competition Act, 1991.