Competition Authority -v- O'Regan & ors [2007] IESC 22 (08 May 2007)

Competition Authority -v- O'Regan & ors [2007] IESC 22 (08 May 2007)

The Supreme Court held that the High Court erred in finding that SPS and representation services were distinct product markets. The Court found that the Authority's case was not properly pleaded or supported by evidence, and that the late introduction of the SPS market theory prejudiced the defendants. The Court concluded that ILCU's conduct did not constitute an abuse of a dominant position under sections 4 or 5 of the Competition Act, 2002, as the necessary market definition and dominance were not established. The appeal was allowed and the High Court orders were set aside.

Citation
[2007] IESC 22
Parties
Plaintiff: The Competition Authority; Defendant: John O'Regan; Defendant: Michael Gormley; Defendant: Carmel Dowling; Defendant: Samuel Adair; Defendant: Mark Bailey; Defendant: Jerome Dawson; Defendant: David Eastment; Defendant: Gerry Foley; Defendant: Kay Geoghegan; Defendant: Selena Gileece; Defendant: Mary Griffin; Defendant: Ann Lloyd; Defendant: Jim McMahon; Defendant: Con O'Brien; Defendant: Ann Byrne; Defendant: Tommy Weir
Jurisdiction
Ireland
Judgment Date
08 May 2007
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Abuse of Dominant Position, Tying Arrangements, Relevant Product Market, Refusal to Supply, Associations of Undertakings
Competition Law Abuse of Dominant Position Tying Arrangements Relevant Product Market Refusal to Supply Associations of Undertakings

Case Brief

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Parties

The Competition Authority

Plaintiff

John O'Regan

Defendant

Michael Gormley

Defendant

Carmel Dowling

Defendant

Samuel Adair

Defendant

Mark Bailey

Defendant

Jerome Dawson

Defendant

David Eastment

Defendant

Gerry Foley

Defendant

Kay Geoghegan

Defendant

Selena Gileece

Defendant

Mary Griffin

Defendant

Ann Lloyd

Defendant

Jim McMahon

Defendant

Con O'Brien

Defendant

Ann Byrne

Defendant

Tommy Weir

Defendant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Irish League of Credit Unions (ILCU) abused a dominant position in the market for credit union stabilisation services (SPS) by tying access to SPS to the purchase of representation services;
  2. 2 Whether SPS and representation services are distinct product markets;
  3. 3 Whether ILCU is an undertaking for the purposes of competition law;

Ratio Decidendi

The Supreme Court held that the High Court erred in finding that SPS and representation services were distinct product markets. The Court found that the Authority's case was not properly pleaded or supported by evidence, and that the late introduction of the SPS market theory prejudiced the defendants. The Court concluded that ILCU's conduct did not constitute an abuse of a dominant position under sections 4 or 5 of the Competition Act, 2002, as the necessary market definition and dominance were not established. The appeal was allowed and the High Court orders were set aside.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • High Court orders against the defendants set aside
  • No injunction against ILCU regarding SPS access or disaffiliation