J. & H. Underwood/Ye Olde Coopers Inns Limited [1994] IECA 330 (19th May, 1994)

J. & H. Underwood/Ye Olde Coopers Inns Limited [1994] IECA 330 (19th May, 1994)

The non-compete clause, as amended to a two-year duration, is no more than necessary to secure the transfer of goodwill and does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 330
Parties
Vendors: James and Hilda Underwood; Purchaser: Ye Olde Coopers Inns Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Authority Decision
Outcome
Certificate issued; agreement does not offend 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

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Parties

James and Hilda Underwood

Vendors

Ye Olde Coopers Inns Limited

Purchaser

Procedural Posture

Competition Authority Notification / Authority Decision

Legal Issues

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

Ratio Decidendi

The non-compete clause, as amended to a two-year duration, is no more than necessary to secure the transfer of goodwill and does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

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