Tuesday, September 20, 2011

Marriage courses monopoly investigated

There is currently a case before the Competition Authority alleging that the Catholic bishops have a monopoly on pre-marriage courses.

The Competition Authority said that it does not comment on individual cases before it, but that it has taken the view that the Catholic bishops and the Church do not constitute an ''undertaking'' under the relevant legislation.

However, a spokesperson confirmed that the issue is currently being re-examined in the context of a case now before it.

Undertaking

The Competition Act 2002 defines an ''undertaking'' as ''a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply or distribution of goods or the provision of a service''.

The courts have previously held that the words ''engaged for gain'' effectively exclude charitable bodies from the legislation in certain defined circumstances.