Reflex Invest/Auto Computing Ltd [1994] IECA 298 (11th March, 1994)

Reflex Invest/Auto Computing Ltd [1994] IECA 298 (11th March, 1994)

The Authority found that the non-compete restrictions, as amended and limited in duration and scope, did not have the object or effect of preventing, restricting, or distorting competition, and therefore did not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 298
Parties
Purchaser: Reflex Investments plc; Vendor: Gerard Merrick; Vendor: Consilii Merrick; Vendor: Michael Kelly; Vendor: John McNerney; Vendor: Dermot McCarthy; Target Company: Auto-Computing Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision and Certificate Issued
Outcome
Certificate issued; agreement does not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Non Compete Clauses, Merger Control, Share Purchase Agreements, Anti Competitive Agreements
Competition Law Corporate Law Non Compete Clauses Merger Control Share Purchase Agreements Anti Competitive Agreements

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Parties

Reflex Investments plc

Purchaser

Gerard Merrick

Vendor

Consilii Merrick

Vendor

Michael Kelly

Vendor

John McNerney

Vendor

Dermot McCarthy

Vendor

Auto-Computing Limited

Target Company

Procedural Posture

Competition Authority Notification/decision / Final Decision and Certificate Issued

Legal Issues

  1. 1 Whether the non-compete and related restrictions in the share purchase agreement offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Authority found that the non-compete restrictions, as amended and limited in duration and scope, did not have the object or effect of preventing, restricting, or distorting competition, and therefore did not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

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