Nitrigin Eireann Teoranta / Irish Fertilizer Industries Ltd. [1998] IECA 526 (19th November, 1998)

Nitrigin Eireann Teoranta / Irish Fertilizer Industries Ltd. [1998] IECA 526 (19th November, 1998)

NET and IFI, due to NET's majority shareholding and integrated functions, constitute a single economic entity and are not in competition with each other; therefore, the notified arrangements do not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 526
Parties
Notifying Party: Nitrigin Eireann Teoranta; Subsidiary/respondent: Irish Fertilizer Industries Ltd.; Industry Consultant/objector: James Cogavin
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Certificate Application Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted
Legal Topics
Parent Subsidiary Relationship, Single Economic Entity, Natural Gas Supply Agreement, Restriction of Competition
Competition Law Parent Subsidiary Relationship Single Economic Entity Natural Gas Supply Agreement Restriction of Competition

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Parties

Nitrigin Eireann Teoranta

Notifying Party

Irish Fertilizer Industries Ltd.

Subsidiary/respondent

James Cogavin

Industry Consultant/objector

Procedural Posture

Competition Authority Decision / Certificate Application Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the natural gas supply agreement between NET and IFI constitutes an agreement between undertakings that prevents, restricts, or distorts competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

NET and IFI, due to NET's majority shareholding and integrated functions, constitute a single economic entity and are not in competition with each other; therefore, the notified arrangements do not prevent, restrict, or distort competition within the meaning of Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate granted

Orders

  • The Competition Authority certifies that the natural gas supply agreement between Nitrigin Eireann Teoranta and Irish Fertilizer Industries Ltd. does not contravene Section 4(1) of the Competition Act, 1991, as amended.