G. & M. Paul/R. Lyne [1994] IECA 360 (12th October, 1994)

G. & M. Paul/R. Lyne [1994] IECA 360 (12th October, 1994)

The non-compete clauses are limited to 2 years and a 3-mile radius, which is necessary to protect the goodwill of the business and do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 360
Parties
Vendor: George and Margaret Paul; Purchaser: Riobard Lyne
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate granted; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Non Compete Clauses, Sale of Business, Section 4 Competition Act 1991
Competition Law Non Compete Clauses Sale of Business Section 4 Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

George and Margaret Paul

Vendor

Riobard Lyne

Purchaser

Procedural Posture

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

Legal Issues

  1. 1 Whether the non-compete clauses in the contract for sale offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The non-compete clauses are limited to 2 years and a 3-mile radius, which is necessary to protect the goodwill of the business and do 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 does not offend against Section 4(1) of the Competition Act, 1991.