Bride and Blackwater Valley Co-operative Dairy Society Ltd- Rules of the Society [1998] IECA 515 (17th July, 1998)

Bride and Blackwater Valley Co-operative Dairy Society Ltd- Rules of the Society [1998] IECA 515 (17th July, 1998)

The notified arrangements do not restrict competition because the structure of the milk market and the legal requirement for farmers to sell to authorised purchasers mean that the joint selling arrangement decreases market concentration and is pro-competitive. Therefore, the Rules do not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 515
Parties
Notifying Party: Bride and Blackwater Valley Co-operative Dairy Society Ltd.; Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued; notified arrangements do not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Joint Selling Arrangements, Exemption for Farming Associations, Market Concentration, Milk Quota Regulations
Competition Law Joint Selling Arrangements Exemption for Farming Associations Market Concentration Milk Quota Regulations

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Parties

Bride and Blackwater Valley Co-operative Dairy Society Ltd.

Notifying Party

Competition Authority

Decision Maker

Procedural Posture

Competition Notification / Decision on Notification Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the Rules of the Society constitute an agreement that prevents, restricts, or distorts competition under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the notified arrangements are pro-competitive or anti-competitive in the relevant market

Ratio Decidendi

The notified arrangements do not restrict competition because the structure of the milk market and the legal requirement for farmers to sell to authorised purchasers mean that the joint selling arrangement decreases market concentration and is pro-competitive. Therefore, the Rules do not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the Rules of the Bride & Blackwater Valley Co-Operative Society Ltd. do not contravene Section 4(1) of the Competition Act, 1991, as amended.