Gas & Oil Parts/Heating [1994] IECA 297 (11th March, 1994)

Gas & Oil Parts/Heating [1994] IECA 297 (11th March, 1994)

With the reduction of the duration of the non-compete clauses from three years to two years, the restrictions are no more than necessary to secure the transfer of goodwill and do not offend against Section 4(1) of the Competition Act 1991.

Citation
[1994] IECA 297
Parties
Purchaser: Heating Replacement Parts & Controls Ltd.; Target Company: Gas and Oil Parts Limited; Vendor: Mr. Thomas MacGee; Vendor: Mr. Michael O'Reilly; Vendor: Mr. Thomas Daly; Related Party: Windsor Motors Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notified Acquisition and Restrictive Clauses
Outcome
Certificate granted; notified arrangements do not offend against Section 4(1) of the Competition Act 1991.
Legal Topics
Merger Control, Non Compete Clauses, Section 4(1) Competition Act 1991, Market Definition
Competition Law Merger Control Non Compete Clauses Section 4(1) Competition Act 1991 Market Definition

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Parties

Heating Replacement Parts & Controls Ltd.

Purchaser

Gas and Oil Parts Limited

Target Company

Mr. Thomas MacGee

Vendor

Mr. Michael O'Reilly

Vendor

Mr. Thomas Daly

Vendor

Windsor Motors Limited

Related Party

Procedural Posture

Competition Authority Notification / Decision on Notified Acquisition and Restrictive Clauses

Legal Issues

  1. 1 Whether the acquisition agreement and associated non-compete clauses offend against Section 4(1) of the Competition Act 1991

Ratio Decidendi

With the reduction of the duration of the non-compete clauses from three years to two years, the restrictions are no more than necessary to secure the transfer of goodwill and do not offend against Section 4(1) of the Competition Act 1991.

Court Disposition

Certificate granted; notified arrangements do not offend against Section 4(1) of the Competition Act 1991.

Orders

  • Certificate issued confirming the agreement, as amended, does not offend against Section 4(1) of the Competition Act 1991.