The Professional Golfers Association [1996] IECA 474 (12th December, 1996)

The Professional Golfers Association [1996] IECA 474 (12th December, 1996)

The PGA and its members are undertakings, and the notified arrangements constitute an agreement between undertakings. However, the restrictions imposed by the PGA do not have as their object or effect the prevention, restriction, or distortion of competition in goods or services within the State or any part of the State, given their limited scope and duration.

Citation
[1996] IECA 474
Parties
Applicant: Professional Golfers’ Association; Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate granted; arrangements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Agreements Between Undertakings, Sports Associations, Restriction of Competition, Professional Sportsmen as Undertakings
Competition Law Agreements Between Undertakings Sports Associations Restriction of Competition Professional Sportsmen as Undertakings

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Parties

Professional Golfers’ Association

Applicant

Competition Authority

Decision Maker

Procedural Posture

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

Legal Issues

  1. 1 Whether the Constitution and Regulations of the Professional Golfers’ Association constitute an agreement between undertakings under Section 3(1) of the Competition Act, 1991
  2. 2 Whether the arrangements have as their object or effect the prevention, restriction or distortion of competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The PGA and its members are undertakings, and the notified arrangements constitute an agreement between undertakings. However, the restrictions imposed by the PGA do not have as their object or effect the prevention, restriction, or distortion of competition in goods or services within the State or any part of the State, given their limited scope and duration.

Court Disposition

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

Orders

  • The Competition Authority certifies that the Constitution and Regulations of the Professional Golfers’ Association notified under Section 7 of the Competition Act, 1991 (Notification No. CA/28/95) do not offend against Section 4(1) of the Competition Act, 1991.