Thoroughbred/Firestone/Aga Khan [1992] IECA 11 (5th November, 1992)

Thoroughbred/Firestone/Aga Khan [1992] IECA 11 (5th November, 1992)

The agreement for the purchase of the stud farms and shares does not have as its object or effect the prevention, restriction or distortion of competition within the State or any part of the State, as there is no lessening of competition in the relevant markets and no restrictive clauses in the agreement.

Citation
[1992] IECA 11
Parties
Vendor: Mr. and Mrs. Firestone; Purchaser: Thoroughbred Promotion & Development Co. Ltd. (TPDC); Purchaser: Grenfell Ltd.; Ultimate Owner (purchaser): His Highness Karim Aga Khan
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Authority Decision on Notification Under Section 4 of the Competition Act, 1991
Outcome
Certificate granted; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Merger Notification, Agreement Between Undertakings, Section 4 Competition Act 1991, Market Definition, Effect on Competition
Competition Law Merger Notification Agreement Between Undertakings Section 4 Competition Act 1991 Market Definition Effect on Competition

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Parties

Mr. and Mrs. Firestone

Vendor

Thoroughbred Promotion & Development Co. Ltd. (TPDC)

Purchaser

Grenfell Ltd.

Purchaser

His Highness Karim Aga Khan

Ultimate Owner (purchaser)

Procedural Posture

Competition Authority Notification/decision / Authority Decision on Notification Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the agreement for the purchase of stud farms and shares constitutes an agreement between undertakings under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement has as its object or effect the prevention, restriction or distortion of competition within the State

Ratio Decidendi

The agreement for the purchase of the stud farms and shares does not have as its object or effect the prevention, restriction or distortion of competition within the State or any part of the State, as there is no lessening of competition in the relevant markets and no restrictive clauses in the agreement.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement for the purchase of Gilltown and Sallymount stud farms and 4,242,362 Ordinary Shares in Robert J. Goff & Co. plc does not offend against Section 4(1) of the Competition Act, 1991.