Irish Helicopters Ltd/Bristow Helicopters Ltd & Others [1996] IECA 469 (25th June, 1996)

Irish Helicopters Ltd/Bristow Helicopters Ltd & Others [1996] IECA 469 (25th June, 1996)

The share purchase and shareholder agreements do not offend against Section 4(1) of the Competition Act, 1991, as the parties were not previously active in the market, the restrictions are standard for joint ventures, and there is no adverse effect on competition.

Citation
[1996] IECA 469
Parties
Subject Company: Irish Helicopters Limited; Purchaser/shareholder: Bristow Helicopters Limited; Purchaser/shareholder: Petroleum Helicopters Inc.; Vendor: Aer Lingus Shannon plc; Vendor: Aer Lingus plc
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
Certificate granted; agreements do not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Merger Control, Joint Ventures, Non Compete Clauses, Market Definition, Shareholder Agreements
Competition Law Merger Control Joint Ventures Non Compete Clauses Market Definition Shareholder Agreements

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Parties

Irish Helicopters Limited

Subject Company

Bristow Helicopters Limited

Purchaser/shareholder

Petroleum Helicopters Inc.

Purchaser/shareholder

Aer Lingus Shannon plc

Vendor

Aer Lingus plc

Vendor

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether the share purchase and shareholder agreements offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The share purchase and shareholder agreements do not offend against Section 4(1) of the Competition Act, 1991, as the parties were not previously active in the market, the restrictions are standard for joint ventures, and there is no adverse effect on competition.

Court Disposition

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

Orders

  • Certificate issued stating the agreements dated 28 July 1995 do not offend against Section 4(1) of the Competition Act, 1991.