TCD Students Union / STA Travel Ltd [1999] IECA 541 (24th March, 1999)
The agreement does not prevent, restrict or distort competition as students and staff remain free to avail of alternative travel services, and competitors are not prevented from soliciting business on campus. The exclusive right granted to STA Travel does not foreclose the market given the availability of alternative providers.
- Citation
- [1999] IECA 541
- Parties
- Applicant: Trinity College Dublin Students’ Union (TCDSU); Applicant: STA Travel Limited (STA Travel); Third Party: USIT Ireland Limited (USIT)
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
- Outcome
- certificate granted
- Legal Topics
- Exclusive Dealing, Vertical Restraints, Student Travel Services, Market Definition, Certificate Under Competition Act
Case Brief
Summary, issues, holding and outcome
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Parties
Trinity College Dublin Students’ Union (TCDSU)
Applicant
STA Travel Limited (STA Travel)
Applicant
USIT Ireland Limited (USIT)
Third Party
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Legal Issues
- 1 Whether the exclusive dealing agreement between TCDSU and STA Travel prevents, restricts or distorts competition within the meaning of Section 4(1) of the Competition Act, 1991.
Ratio Decidendi
The agreement does not prevent, restrict or distort competition as students and staff remain free to avail of alternative travel services, and competitors are not prevented from soliciting business on campus. The exclusive right granted to STA Travel does not foreclose the market given the availability of alternative providers.
Court Disposition
certificate granted
Orders
- The Competition Authority certifies that the Agency and Exclusive Dealing Agreement between TCDSU and STA Travel Limited does not contravene Section 4(1) of the Competition Act, 1991.
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