Irish Competition Authority Decisions

1. Notification was made by BTE, Motorola Ireland Ltd and Eirpage Limited on 30 September 1992 with a request for a certificate under Section 4(4) of the Competition Act, 1991 or, in the event of a refusal by the Competition Authority to grant a certificate, a licence under Section 4(2) in respect of a joint venture agreement between BTE and Motorola Ireland Ltd CA/774/92E. Notification was also made of related agreements, namely, an Eirpage Marketing Services & Business Development Agreement CA/776/92E, an Eirpage Operating Agreement CA/777/92E and an Eirpage Subscriber Agreement CA/778/92E.

2. The Competition Authority considers that, on the basis of the facts in its possession, the notified agreements listed below have expired. The agreements in question were in existence at the time the Competition Act, 1991 came into force. The Authority has set out in Decision No. 527 its reasons for concluding that where such an agreement has terminated, a decision to issue or not to issue a certificate has no legal consequences and, by virtue of Section 7(3), no licence can now be awarded for the period during which the agreements operated. The Authority has, therefore, decided to close the files without considering whether or not the agreements merit a certificate or licence.

Notification No. CA/774/92E - BTE/Motorola Ltd/Eirpage Ltd - Joint Venture Agreement

Notification No. CA/776/92E - Eirpage Marketing Services & Business Development Agreement

Notification No. CA/777/92E - Eirpage Operating Agreement

Notification No. CA/778/92E - Eirpage Subscriber Agreement

For the Competition Authority,

Professor Patrick McNutt

Chairperson

21 June 1999