Irish National GESA Groupe Assistance Ltd/ Shareholders Agreement [1995] IECA 424 (12th September, 1995)

Irish National GESA Groupe Assistance Ltd/ Shareholders Agreement [1995] IECA 424 (12th September, 1995)

The agreement is between subsidiaries under the ultimate control of UAP, and such subsidiaries are not considered independent undertakings in competition with each other. Therefore, the agreement does not affect competition and does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1995] IECA 424
Parties
Notifier/party to Agreement: Irish National Gesa Assistance Ltd (INGA); Party to Agreement: Irish National Insurance Company plc (INI); Party to Agreement: Groupe European SA (GESA)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Shareholders Agreement, Joint Venture, Section 4 Competition Act 1991, Agreement Between Undertakings
Competition Law Shareholders Agreement Joint Venture Section 4 Competition Act 1991 Agreement Between Undertakings

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 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Irish National Gesa Assistance Ltd (INGA)

Notifier/party to Agreement

Irish National Insurance Company plc (INI)

Party to Agreement

Groupe European SA (GESA)

Party to Agreement

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the shareholders agreement between INI, GESA, and INGA offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The agreement is between subsidiaries under the ultimate control of UAP, and such subsidiaries are not considered independent undertakings in competition with each other. Therefore, the agreement does not affect competition and does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

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