IAWS (Sales)/Boland Mills [1994] IECA 343 (14th June, 1994)

IAWS (Sales)/Boland Mills [1994] IECA 343 (14th June, 1994)

The notified agreement, including non-compete clauses, does not offend against Section 4(1) of the Competition Act, 1991 because the main transactions were completed before the Act commenced and the non-compete provisions were ancillary and reasonable in duration.

Citation
[1994] IECA 343
Parties
Notifying Party: IAWS Group plc; Notifying Party: Dock Milling Limited; Notifying Party: S. & A. G. Davis; Notifying Party: Katowice Limited (now Bolands Mills Ltd.)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision on Notification for Certificate Under Competition Act 1991
Outcome
Certificate issued; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Non Compete Agreements, Joint Ventures, Sale of Business, Section 4 Competition Act 1991, Ancillary Restraints
Competition Law Non Compete Agreements Joint Ventures Sale of Business Section 4 Competition Act 1991 Ancillary Restraints

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Parties

IAWS Group plc

Notifying Party

Dock Milling Limited

Notifying Party

S. & A. G. Davis

Notifying Party

Katowice Limited (now Bolands Mills Ltd.)

Notifying Party

Procedural Posture

Competition Authority Notification/decision / Final Decision on Notification for Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the notified agreement, including non-compete clauses, offends against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified agreement, including non-compete clauses, does not offend against Section 4(1) of the Competition Act, 1991 because the main transactions were completed before the Act commenced and the non-compete provisions were ancillary and reasonable in duration.

Court Disposition

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

Orders

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