Competition Authority v Beef Industry Developments Society Limited & Anor concerns a rationalisation agreement in the beef processing sector in Ireland. In 1998 a report (the McKinsey Report) found that there existed significant and substantial over-capacity in the beef industry and that such overhang had a serious cost factor to it. A 1999 report by the so-called “beef task force” (set up by the Irish Ministry for Agriculture and Food) confirmed these findings and concluded that there would be considerable benefits if a rationalisation scheme were to be adopted leading to a better matching of capacity and actual requirements. One of the recommendations of this report was that the industry should create a special buyout fund to facilitate the removal of excess capacity. In 2002,
The Irish Supreme Court provides observations on the conditions contained in Art. 101(3) TFEU and remits the appeal to the High Court for fuller consideration (Beef Industry Development Society & Anor)
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