Irish Life Assurance plc / First National Building Society [1999] IECA 548 (16th April, 1999)

Irish Life Assurance plc / First National Building Society [1999] IECA 548 (16th April, 1999)

The Tied Agency Agreement, as amended by waiver of the commission clause referencing the IIF agreement, does not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 548
Parties
Notifying Party: Irish Life Assurance plc; Counterparty: First National Building Society (later First Active plc)
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
Certificate issued; agreement found not to contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Tied Agency Agreements, Exclusive Distribution, Commission Fixing, Vertical Agreements
Competition Law Tied Agency Agreements Exclusive Distribution Commission Fixing Vertical Agreements

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Parties

Irish Life Assurance plc

Notifying Party

First National Building Society (later First Active plc)

Counterparty

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Whether the Tied Agency Agreement between Irish Life Assurance plc and First National Building Society contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether the commission clause referencing the Insurance Industry Federation agreement on maximum rates of remuneration restricts competition

Ratio Decidendi

The Tied Agency Agreement, as amended by waiver of the commission clause referencing the IIF agreement, does not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued; agreement found not to contravene Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the Tied Insurance Agency Agreement between Irish Life Assurance plc and First National Building Society, as amended by letter of waiver dated 16 February 1999, does not contravene Section 4(1) of the Competition Act, 1991.