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Dublin council abused power - 23-Dec-2009

Dublin council abused power, says court

Dublin City Council abused its dominant position in the capital's waste market, the High Court has decided. The court has also ruled that a council decision to change its waste collection system was invalid.

Mr Justice Liam McKechnie has said that Panda Recycling, which brought the case, is entitled to relief.
He also said that another private waste company, GreenStar, which has brought a linked case, will succeed against the council.
The two companies had challenged a decision by the city council to change the collection permit system, so as to allow only itself
or a contractor appointed by it to collect household waste. The two waste companies argued that this was an abuse of dominant position
and against competition law. The decision raises new doubts about the council's ability to ensure a viable level of waste to the planned
Poolbeg incinerator. The private companies have said they are unlikely to use it. Mr Justice McKechnie said that if a private company
collected waste, then they owned it and could decide where the waste goes.
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