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,
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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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