Information for MSI License holders
In 2010 Motorsport Ireland (MI) issued threats to their current license holders who participate in ‘unauthorised events’. This was a reaction to our previous successful events at Mondello Park. We saw this statement as an action to destabilise our events and would like to make all interested parties aware of the following facts and issues.
· Our events are open to anyone including those in possession of a MI/MSA license.
· There are Irish and European laws that protect and prevent ‘restrictive practices’ (see below) and such action of the MI could be challenged with success on this issue under the Irish Restrictive Practices Act 1972 amended 1987, exactly as happened at an MSA hearing around five years ago. All parties should be aware that this is exactly the same reaction of the Association of Northern Ireland Car Clubs (ANICC) who are MSA affiliates and which happened thirteen years ago when they also initially felt threatened by our existence because we could provide quality motorsport events at considerably lower cost. Research will show that competition is encouraged under European Law in order to establish ‘fair trading’ within the territory. We are a commercial business and the owner is a lover and previous champion of motorsport and as we are a specialist event management business we see a serious gap in the motorsport marketplace in the UK and Ireland caused by total exclusivity over the years of the established providers (MI/MSA etc) which has created over pricing of costs to competitors. It was stated in Motorsport News by a James Coleman who was at that time chair of MI rallies committee that The Rallysport Association ‘is not covered by the same public liability and personal accident insurance that we (the MI) have in place’ ……that was interesting… …. The Rallysport Association are insured by one of the worlds largest Insurers Zurich Insurance and motorsport and entertainment is our business….every hour and every day of the week. Our business could not function with our customers, competitors and venue providers without proper professional cover in today’s claim driven world. Here is the legal technicalities of the issue. Enjoy!
Restrictive trade practices act, 1953
UNFAIR TRADE PRACTICES.
Any measures, rules, agreements or acts whether put into effect or intended to be put into effect by a person alone or in combination or agreement, express or implied, with others or through a merger, trust, cartel, monopoly or other means or device whatsoever which—
( a ) have or are likely to have the effect of unreasonably limiting or restraining free and fair competition, or
( b ) are in unreasonable restraint of trade, or
( c ) have or are likely to have the effect of unjustly eliminating a trade competitor, or
( d ) unjustly enhance the price of goods or promote unfairly the advantage of suppliers or distributors of goods at the expense of the public, or
( e ) secure or are likely to secure a substantial or complete control of the supply or distribution of goods or any class of goods unfairly or contrary to the public interest, or
( f ) without just cause prohibit or restrict the supply of goods to any person or class of persons or give preference in regard to the provision of, or the placing of orders for the supply of, goods, or
( g ) restrict or are likely to restrict unjustly the exercise by any person of his freedom of choice as to what goods he will supply or distribute or the area in which he will supply or distribute his goods, or
( h ) impose unjust or unreasonable conditions in regard to the supply or distribution of goods, or
( i ) exclude or are likely to exclude without good reason new entrants to any trade or industry, or
( j ) secure or are likely to secure unjustly the territorial division of markets between particular persons or classes of persons to the exclusion of others, or
( k ) in any other respect operate against the public interest or are not in accordance with the principles of social justice.
(Goods: meaning supply of services such as motorsport activity.)
· The MI article 140 and original MSA regulation which suggests a similar threat has never been enforced despite the fact that we have enjoyed the participation of thousands of MSA/MSI licence holders and several of Irelands leading motorsport personalities including some current World, British and Irish National Motorsport Champions! . The MSA have now removed this regulation.
· The Rallysport Association provides an alternative place to compete in motorsport and is unique for up and coming juniors from the age of 12. Adults, new, those wanting to get back into rallysport and those who want an affordable fun day out in a rally or race car and realise it is a viable alternative in these more difficult economical times. Our focus is on the Clubman and Juniors, the foundation and future of our sport however all motorsport participants and everyone else for that matter are always very welcome. We see this as exiting times ahead in our sport and invite you to be part of this journey. We have loads of new ideas so keep in touch for more information.
. Interestingly the winners of both the events in our first ever event at Mondello in 2010 were Motorsport Ireland license holders and with all the other competitors in a similar position since who have taken part……………… still are! (June 2016)