PRS/IMRO [1992] IECA 5 (30th June, 1992)

PRS/IMRO [1992] IECA 5 (30th June, 1992)

PRS and IMRO are undertakings within the meaning of the Competition Act, 1991, as they provide services for gain. The agreement between them does not restrict competition because they are a single economic entity (parent-subsidiary relationship) and the agreement merely reallocates functions within the group.

Citation
[1992] IECA 5
Parties
Applicant: Performing Right Society; Applicant: Irish Music Rights Organisation
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Final Decision
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Definition of Undertaking, Parent Subsidiary Relationship, Collective Rights Management, Restriction of Competition, Licensing of Performing Rights
Competition Law Definition of Undertaking Parent Subsidiary Relationship Collective Rights Management Restriction of Competition Licensing of Performing Rights

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Parties

Performing Right Society

Applicant

Irish Music Rights Organisation

Applicant

Procedural Posture

Competition Authority Notification Decision / Final Decision

Legal Issues

  1. 1 Whether PRS and IMRO are 'undertakings' under the Competition Act, 1991
  2. 2 Whether the agreement between PRS and IMRO restricts competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

PRS and IMRO are undertakings within the meaning of the Competition Act, 1991, as they provide services for gain. The agreement between them does not restrict competition because they are a single economic entity (parent-subsidiary relationship) and the agreement merely reallocates functions within the group.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement of 29 December, 1988 between Performing Right Society and Irish Music Rights Organisation does not offend against Section 4(1) of the Competition Act, 1991.