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The Irish Supreme Court overturns the High Court’s definition of the term undertaking in order to include organisations whose primary objective goes beyond profit-making (Deane/Voluntary Health Insurance Board)

Facts In the present case, the plaintiffs were trustees of a religious order and, in that capacity, owned a private hospital. They initiated a series of actions before the High Court, which were later joined, contesting, inter alia, the inclusion of their hospital in the defendant's health insurance programme and alleging that the defendant owed monies to them for services their hospital had rendered to the defendant's subscribers. The legal foundation for the plaintiff's claims was section 5 of the Competition Act, 1991 which stipulates that “Any abuse by one or more undertakings of a dominant position in trade for any goods or services in the State or in a substantial part of the State is prohibited”. Thus, the plaintiffs claimed that by not excluding it from its scheme the defendant

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  • London School of Economics

Quotation

Orla Lynskey, The Irish Supreme Court overturns the High Court’s definition of the term undertaking in order to include organisations whose primary objective goes beyond profit-making (Deane/Voluntary Health Insurance Board), 29 July 1992, e-Competitions Bulletin July 1992, Art. N° 1223

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