An Post/Postmasters [1995] IECA 400 (27th April, 1995)

An Post/Postmasters [1995] IECA 400 (27th April, 1995)

The Authority found that while An Post and the Postmasters are undertakings and the agreement is between undertakings, the agency agreement does not offend Section 4(1) because Postmasters act as agents (auxiliary organs) of An Post, do not own the goods or services, and none of the agreement's clauses restrict competition.

Citation
[1995] IECA 400
Parties
Applicant: An Post; Respondent: Postmasters
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Agency Agreements, Exclusive Dealing, Sub Contracting, Section 4 Competition Act 1991, Definition of Undertaking
Competition Law Agency Agreements Exclusive Dealing Sub Contracting Section 4 Competition Act 1991 Definition of Undertaking

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Parties

An Post

Applicant

Postmasters

Respondent

Procedural Posture

Competition Notification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the standard agency agreement between An Post and Postmasters constitutes an agreement between undertakings under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement has as its object or effect the prevention, restriction or distortion of competition

Ratio Decidendi

The Authority found that while An Post and the Postmasters are undertakings and the agreement is between undertakings, the agency agreement does not offend Section 4(1) because Postmasters act as agents (auxiliary organs) of An Post, do not own the goods or services, and none of the agreement's clauses restrict competition.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the standard agreement between An Post and the Postmasters for the provision of postal and other services in Sub-Post Offices does not offend against Section 4(1) of the Competition Act, 1991.