Irish Competition Authority Decisions

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.

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