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Cite as: [1999] IECA 572
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Bord Telecom Eireann / PostGEM Limited / Inet Limited [1999] IECA 572 (15th November, 1999)
COMPETITION
AUTHORITY
Competition
Authority Decision of 15th November 1999 relating to a proceeding under Section
4 of the Competition Act, 1991.
Notification
No CA/686/92E: Bord Telecom Eireann/PostGEM Limited/Inet Limited.
Decision
No. 572
Price
£0.20
£0.60
including postage
Competition
Authority Decision of 15th November 1999 relating to a proceeding under Section
4 of the Competition Act, 1991
Notification
No. CA/686/92E: Bord Telecom Eireann/PostGEM Limited/Inet Limited.
Decision
No. 572
Introduction
1.
Notification CA/686/92E was made by Bord Telecom Eireann and PostGEM 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 Authority to issue a
certificate, a licence under Section 4(2) in respect of a joint venture and
operating agreement between Bord Telecom Eireann, PostGEM Limited and Inet
Limited.
The
Decision
2.
The Competition Authority considers that, on the basis of the facts in its
possession, the joint venture and operating agreement (Notification No.
CA/686/92E) between Bord Telecom Eireann, PostGEM Limited and Inet Limited has
expired. The agreement in question was 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
agreement operated. The Authority has, therefore, decided to close the file
without considering whether or not the agreement merits a certificate or licence.
For
the Competition Authority,
Professor
Patrick McNutt
Chairperson
15
November 1999
© 1999 Irish Competition Authority