Irish Potato Marketing Ltd/Donegal Potatoes Ltd. [1994] IECA 385 (22nd December, 1994)

Irish Potato Marketing Ltd/Donegal Potatoes Ltd. [1994] IECA 385 (22nd December, 1994)

The acquisition by Irish Potato Marketing Ltd of the remaining 50% of shares in Donegal Potatoes Ltd from the liquidator does not have the object or effect of preventing, restricting, or distorting competition within the State, and contains no restrictive provisions. Therefore, it does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 385
Parties
Acquirer: Irish Potato Marketing Ltd; Target: Donegal Potatoes Ltd; Seller: Mr. Patrick Keating (liquidator of North Donegal Potato Producers Society Ltd)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Authority Decision
Outcome
Certificate granted; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Merger Notification, Section 4 Competition Act 1991, Agreement Between Undertakings
Competition Law Merger Notification Section 4 Competition Act 1991 Agreement Between Undertakings

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Parties

Irish Potato Marketing Ltd

Acquirer

Donegal Potatoes Ltd

Target

Mr. Patrick Keating (liquidator of North Donegal Potato Producers Society Ltd)

Seller

Procedural Posture

Competition Authority Notification / Authority Decision

Legal Issues

  1. 1 Whether the acquisition of 50% of shares in Donegal Potatoes Ltd by Irish Potato Marketing Ltd constitutes an agreement prohibited by Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The acquisition by Irish Potato Marketing Ltd of the remaining 50% of shares in Donegal Potatoes Ltd from the liquidator does not have the object or effect of preventing, restricting, or distorting competition within the State, and contains no restrictive provisions. Therefore, it does not offend against Section 4(1) of the Competition Act, 1991.

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 of 22 November 1994 for the acquisition of 50% of the shares in Donegal Potatoes Limited by Irish Potato Marketing Limited does not offend against Section 4(1) of the Competition Act, 1991.