An Post/Ascom Hasler Mailing Systems Ltd/Zurich Insurance Company. [1995] IECA 451 (18th December, 1995)

An Post/Ascom Hasler Mailing Systems Ltd/Zurich Insurance Company. [1995] IECA 451 (18th December, 1995)

The agreement does not have as its object or effect the prevention, restriction, or distortion of competition in the State, as the restrictions are necessary to prevent fraudulent use and ensure system reliability, and An Post does not restrict the number of suppliers or their commercial terms.

Citation
[1995] IECA 451
Parties
Party: An Post; Party: Ascom Hasler Mailing Systems Limited; Party: Zurich Insurance Company
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Section 4 Competition Act 1991, Agreement Between Undertakings, Supply of Franking Machines, Market Restriction, Statutory Monopoly
Competition Law Section 4 Competition Act 1991 Agreement Between Undertakings Supply of Franking Machines Market Restriction Statutory Monopoly

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

An Post

Party

Ascom Hasler Mailing Systems Limited

Party

Zurich Insurance Company

Party

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether the agreement between An Post, Ascom Hasler Mailing Systems Ltd, and Zurich Insurance Company restricts, prevents, or distorts competition in the Irish market for franking machines under Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The agreement does not have as its object or effect the prevention, restriction, or distortion of competition in the State, as the restrictions are necessary to prevent fraudulent use and ensure system reliability, and An Post does not restrict the number of suppliers or their commercial terms.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement of 24 January 1994 between An Post, Ascom Hasler Mailing Systems Ltd and Zurich Insurance Company as to the use of franking machines does not offend against Section 4(1) of the Competition Act, 1991.