Combined Performance Measurement Services Ltd [1999] IECA 562 (27th July, 1999)
The undertakings involved are under common control following the merger between Marsh & McLennan and Sedgwick Group plc and are not competitors; therefore, the notified agreement does not have the object or effect of preventing, restricting or distorting competition and does not contravene Section 4(1) of the Competition Act, 1991.
- Citation
- [1999] IECA 562
- Parties
- Notifying Party: William M. Mercer Fraser Ltd (Mercer); Notifying Party: Pension and Investment Consultants Ltd (PICL); Notifying Party: Irish Pension Trust Ltd (IPT); Joint Venture Company: Combined Performance Measurement Services Ltd (CPMS)
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Proceeding / Final Decision
- Outcome
- Certificate granted; agreement does not contravene Section 4(1)
- Legal Topics
- Joint Venture, Section 4 Competition Act 1991, Merger Control, Agreement Between Undertakings
Case Brief
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Parties
William M. Mercer Fraser Ltd (Mercer)
Notifying Party
Pension and Investment Consultants Ltd (PICL)
Notifying Party
Irish Pension Trust Ltd (IPT)
Notifying Party
Combined Performance Measurement Services Ltd (CPMS)
Joint Venture Company
Procedural Posture
Competition Authority Proceeding / Final Decision
Legal Issues
- 1 Whether the joint venture agreement contravenes Section 4(1) of the Competition Act, 1991
Ratio Decidendi
The undertakings involved are under common control following the merger between Marsh & McLennan and Sedgwick Group plc and are not competitors; therefore, the notified agreement does not have the object or effect of preventing, restricting or distorting competition and does not contravene Section 4(1) of the Competition Act, 1991.
Court Disposition
Certificate granted; agreement does not contravene Section 4(1)
Orders
- The Competition Authority certifies that the joint venture agreement dated 28 May 1990 between William M. Mercer Fraser Ltd, Pension and Investment Consultants Ltd, Irish Pension Trust Ltd and Combined Performance Measurement Services Ltd does not contravene Section 4(1) of the Competition Act, 1991, as amended.
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