First National Bakery/ Clianthus [1993] IECA 146 (18th November, 1993)

First National Bakery/ Clianthus [1993] IECA 146 (18th November, 1993)

The amended agreement, with the reduced duration of the non-compete clause, does not have as its object or effect the prevention, restriction or distortion of competition and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 146
Parties
Purchaser: First National Bakery Company Limited; Target Company: Clianthus Limited; Vendor: Ann Smith; Vendor: Stanhope Cussen; Vendor: Keith Thompson; Vendor: Hugh McKeown
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate granted
Legal Topics
Non Compete Clauses, Merger Control, Section 4 Competition Act 1991
Competition Law Non Compete Clauses Merger Control Section 4 Competition Act 1991

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Parties

First National Bakery Company Limited

Purchaser

Clianthus Limited

Target Company

Ann Smith

Vendor

Stanhope Cussen

Vendor

Keith Thompson

Vendor

Hugh McKeown

Vendor

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

  1. 1 Whether the non-compete clause in the sale agreement offends Section 4(1) of the Competition Act, 1991
  2. 2 Whether the amended agreement restricts competition

Ratio Decidendi

The amended agreement, with the reduced duration of the non-compete clause, does not have as its object or effect the prevention, restriction or distortion of competition and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the amended agreement does not offend Section 4(1) of the Competition Act, 1991.