RNH Wood Products Ltd/Isotherm Company/AG (Ireland) Ltd [1995] IECA 406 (22nd June, 1995)

RNH Wood Products Ltd/Isotherm Company/AG (Ireland) Ltd [1995] IECA 406 (22nd June, 1995)

The acquisition agreement and its ancillary non-compete clauses do not have as their object or effect the prevention, restriction, or distortion of competition in the relevant market, given the competitive conditions, ease of entry, and the limited scope and duration of the restrictions.

Citation
[1995] IECA 406
Parties
Target: RNH Wood Products Limited; Shareholder: Isotherm Company; Acquirer: AG (Ireland) Limited; Parent Company of Acquirer: AG Holdings plc; Vendor: John Neill; Vendor: Alice Neill
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Merger Notification, Non Compete Clauses, Market Concentration, Section 4 Competition Act 1991
Competition Law Mergers & Acquisitions Merger Notification Non Compete Clauses Market Concentration Section 4 Competition Act 1991

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Parties

RNH Wood Products Limited

Target

Isotherm Company

Shareholder

AG (Ireland) Limited

Acquirer

AG Holdings plc

Parent Company of Acquirer

John Neill

Vendor

Alice Neill

Vendor

Procedural Posture

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

Legal Issues

  1. 1 Whether the acquisition agreement and ancillary non-compete clauses offend Section 4(1) of the Competition Act, 1991 by preventing, restricting, or distorting competition

Ratio Decidendi

The acquisition agreement and its ancillary non-compete clauses do not have as their object or effect the prevention, restriction, or distortion of competition in the relevant market, given the competitive conditions, ease of entry, and the limited scope and duration of the restrictions.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement of 21 April 1995 between AG (Ireland) Limited, AG Holdings plc and John Neill and Alice Neill for the acquisition by AG (Ireland) Limited of the business of RNH Wood Products Limited does not offend against Section 4(1) of the Competition Act, 1991.