ARAL, BP, IP, MOBIL & STATOIL [1999] IECA 571 (15th November, 1999)

ARAL, BP, IP, MOBIL & STATOIL [1999] IECA 571 (15th November, 1999)

The Authority found that the joint venture agreement and associated agreements simply facilitate the issuance of commercial fuel cards and do not restrict or distort competition in the relevant market. Therefore, the agreements do not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 571
Parties
Notifying Party/undertaking: Aral Aktiengesellschaft; Notifying Party/undertaking: BP Oil International Limited; Notifying Party/undertaking: Italiana Petroli S. P. A.; Notifying Party/undertaking (withdrew 1998): Mobil Europe Limited; Notifying Party/undertaking: Statoil (Den Norske Stats Oljeselskap A. S.); Undertaking (replaced Mobil): OMV Aktiengesellschaft
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision and Certificate Issuance
Outcome
Certificate issued; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Joint Venture Agreements, Fuel Card Market, Section 4 Competition Act 1991, Market Definition, Restriction of Competition
Competition Law Joint Venture Agreements Fuel Card Market Section 4 Competition Act 1991 Market Definition Restriction of Competition

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Parties

Aral Aktiengesellschaft

Notifying Party/undertaking

BP Oil International Limited

Notifying Party/undertaking

Italiana Petroli S. P. A.

Notifying Party/undertaking

Mobil Europe Limited

Notifying Party/undertaking (withdrew 1998)

Statoil (Den Norske Stats Oljeselskap A. S.)

Notifying Party/undertaking

OMV Aktiengesellschaft

Undertaking (replaced Mobil)

Procedural Posture

Competition Authority Notification/decision / Final Decision and Certificate Issuance

Legal Issues

  1. 1 Whether the joint venture agreement and ancillary agreements between the parties contravene Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Authority found that the joint venture agreement and associated agreements simply facilitate the issuance of commercial fuel cards and do not restrict or distort competition in the relevant market. Therefore, the agreements do 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 venture agreement and associated agreements dated 2nd December 1993 between Aral Aktiengesellschaft, BP Oil International Limited, Italiana Petroli S. P. A., OMV Aktiengessellschaft and Statoil do not contravene Section 4(1) of the Competition Act, 1991.