The First National Bakery Co Ltd. [1994] IECA 379 (21st November, 1994)

The First National Bakery Co Ltd. [1994] IECA 379 (21st November, 1994)

The non-compete provisions were ancillary to the main agreement and limited to two years after cessation of shareholding; as such, they do not offend Section 4(1) of the Competition Act, 1991. The acquisition of baking businesses was completed before the Act commenced and is outside its scope.

Citation
[1994] IECA 379
Parties
Notifying Party: IAWS Group plc; Party: Mr. Thomas O'Connor; Party: Mr. Andrew O'Connor; Party: Mr. Matthew O'Connor; Party: Mr. Michael O'Connor; Party: Ms. Nellie Keady; Party: Mr. Thomas P. Williams; Party: Ms. Marie Williams; Party: Mr. Brian Williams; Party: Kielys Bread Company (1970) Limited; Party: Rahoon Bakeries Limited; Party: First National Bakery Company Ltd.; Party: Snowfire Limited; Party: Tommy Tucker (Wexford) Limited; Party: Kielys Bread Company Limited; Party: Rahoon Bakeries (Galway) Limited; Party: Brennans Wonderloaf Limited; Party: P. Keane & Sons 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, Joint Ventures, Sale of Business, Merger Control
Competition Law Non Compete Clauses Joint Ventures Sale of Business Merger Control

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Parties

IAWS Group plc

Notifying Party

Mr. Thomas O'Connor

Party

Mr. Andrew O'Connor

Party

Mr. Matthew O'Connor

Party

Mr. Michael O'Connor

Party

Ms. Nellie Keady

Party

Mr. Thomas P. Williams

Party

Ms. Marie Williams

Party

Mr. Brian Williams

Party

Kielys Bread Company (1970) Limited

Party

Rahoon Bakeries Limited

Party

First National Bakery Company Ltd.

Party

Snowfire Limited

Party

Tommy Tucker (Wexford) Limited

Party

Kielys Bread Company Limited

Party

Rahoon Bakeries (Galway) Limited

Party

Brennans Wonderloaf Limited

Party

P. Keane & Sons Limited

Party

Procedural Posture

Competition Authority Notification / Authority Decision

Legal Issues

  1. 1 Whether the shareholders agreement and non-compete provisions offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The non-compete provisions were ancillary to the main agreement and limited to two years after cessation of shareholding; as such, they do not offend Section 4(1) of the Competition Act, 1991. The acquisition of baking businesses was completed before the Act commenced and is outside its scope.

Court Disposition

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

Orders

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