Integrated Payment Systems Inc., American Express Travel Related Services/JWT (Forex) Limited. [1999] IECA 565 (27th July, 1999)

Integrated Payment Systems Inc., American Express Travel Related Services/JWT (Forex) Limited. [1999] IECA 565 (27th July, 1999)

The notified Agency and Trust agreement creates a principal-agent relationship, with exclusivity and fee-setting provisions necessary for the operation of the MoneyGram service. The exclusivity and non-compete clauses are limited in scope and duration, do not prevent other providers from entering the market, and do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 565
Parties
Notifying Party: Integrated Payment Systems Inc.; Principal: American Express Travel Related Services Company Inc.; Agent: JWT (Forex) Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Certificate Determination
Outcome
certificate issued
Legal Topics
Agency Agreements, Exclusive Agency, Money Transmission Services, Non Compete Clauses
Competition Law Agency Agreements Exclusive Agency Money Transmission Services Non Compete Clauses

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

Parties

Integrated Payment Systems Inc.

Notifying Party

American Express Travel Related Services Company Inc.

Principal

JWT (Forex) Limited

Agent

Procedural Posture

Competition Authority Decision / Certificate Determination

Legal Issues

  1. 1 Whether the Agency and Trust agreement between IPS, American Express, and JWT (Forex) Limited contravenes Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified Agency and Trust agreement creates a principal-agent relationship, with exclusivity and fee-setting provisions necessary for the operation of the MoneyGram service. The exclusivity and non-compete clauses are limited in scope and duration, do not prevent other providers from entering the market, and do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Agency and Trust agreement dated 19 September 1995 between American Express Travel Related Services Company Inc., Integrated Payment Systems Inc. and JWT (Forex) Limited did not contravene Section 4(1) of the Competition Act, 1991, as amended up to and including 11 December 1996.