EBS B.S./Midland & Western B.S. [1994] IECA 331 (19th May, 1994)

EBS B.S./Midland & Western B.S. [1994] IECA 331 (19th May, 1994)

The transfer of engagements from MWBS to EBS does not have the object or effect of preventing, restricting, or distorting competition within the State, given MWBS's minimal market share and the competitive nature of the relevant financial markets. The arrangement does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 331
Parties
Transferee: EBS Building Society; Transferor: Midland & Western Building Society
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notified Agreement
Outcome
Certificate granted; arrangement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Transfer of Engagements, Building Societies, Market Concentration, Merger Control
Competition Law Financial Regulation Transfer of Engagements Building Societies Market Concentration Merger Control

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Parties

EBS Building Society

Transferee

Midland & Western Building Society

Transferor

Procedural Posture

Competition Notification / Decision on Notified Agreement

Legal Issues

  1. 1 Whether the transfer of engagements between MWBS and EBS constitutes an agreement that prevents, restricts, or distorts competition under Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The transfer of engagements from MWBS to EBS does not have the object or effect of preventing, restricting, or distorting competition within the State, given MWBS's minimal market share and the competitive nature of the relevant financial markets. The arrangement does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement for the transfer of engagements of Midland & Western Building Society to EBS National Building Society does not offend against Section 4(1) of the Competition Act, 1991.