Category Certificate in respect of Agreements involving a Merger and/or Sale of Business [1997] IECA 489 (2nd December, 1997)

Category Certificate in respect of Agreements involving a Merger and/or Sale of Business [1997] IECA 489 (2nd December, 1997)

Agreements involving mergers and/or sales of business that meet specified market concentration thresholds and ancillary restraint limitations do not contravene Section 4(1) of the Competition Act, 1991, and are exempt from notification, unless they create or strengthen a dominant position or involve barriers to entry or market foreclosure.

Citation
[1997] IECA 489
Parties
Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Administrative Decision / Final Decision
Outcome
Category certificate granted
Legal Topics
Merger Control, Sale of Business, Market Concentration, Non Compete Clauses, Ancillary Restraints
Competition Law Commercial Law Merger Control Sale of Business Market Concentration Non Compete Clauses Ancillary Restraints

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Parties

Competition Authority

Decision Maker

Procedural Posture

Administrative Decision / Final Decision

Legal Issues

  1. 1 Whether agreements involving mergers and/or sales of business contravene Section 4(1) of the Competition Act, 1991
  2. 2 What thresholds and conditions exempt such agreements from notification and prohibition under competition law

Ratio Decidendi

Agreements involving mergers and/or sales of business that meet specified market concentration thresholds and ancillary restraint limitations do not contravene Section 4(1) of the Competition Act, 1991, and are exempt from notification, unless they create or strengthen a dominant position or involve barriers to entry or market foreclosure.

Court Disposition

Category certificate granted

Orders

  • A category certificate is issued for agreements involving mergers and/or sales of business that satisfy the specified requirements, exempting them from Section 4(1) prohibition under the Competition Act, 1991, subject to the certificate's conditions.