Azinger Ltd/Fispak Holdings Ltd and George McNulty, David Gray, Rory McNulty and Kieron Hayes [1995] IECA 414 (25th August, 1995)

Azinger Ltd/Fispak Holdings Ltd and George McNulty, David Gray, Rory McNulty and Kieron Hayes [1995] IECA 414 (25th August, 1995)

The notified deeds of covenant, as amended to limit the restriction on technical know-how to five years, do not have as their object or effect the prevention, restriction, or distortion of competition and do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1995] IECA 414
Parties
Purchaser: Azinger Limited; Company: Fispak Holdings Limited; Covenantor/vendor: George McNulty; Covenantor/vendor: David Gray; Covenantor/vendor: Rory McNulty; Covenantor/vendor: Kieron Hayes
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision and Certificate Issued
Outcome
Certificate issued; arrangements do not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Non Compete Covenants, Sale of Business, Restrictive Agreements, Confidential Information, Technical Know How, Consultancy Agreements, Employment Agreements
Competition Law Non Compete Covenants Sale of Business Restrictive Agreements Confidential Information Technical Know How Consultancy Agreements Employment Agreements

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Parties

Azinger Limited

Purchaser

Fispak Holdings Limited

Company

George McNulty

Covenantor/vendor

David Gray

Covenantor/vendor

Rory McNulty

Covenantor/vendor

Kieron Hayes

Covenantor/vendor

Procedural Posture

Competition Authority Notification/decision / Final Decision and Certificate Issued

Legal Issues

  1. 1 Whether the non-compete and confidentiality covenants in the deeds of covenant offend against Section 4(1) of the Competition Act, 1991
  2. 2 Whether the restrictions on use of technical know-how are anti-competitive
  3. 3 Whether the consultancy and employment agreement restrictions are permissible under competition law

Ratio Decidendi

The notified deeds of covenant, as amended to limit the restriction on technical know-how to five years, do not have as their object or effect the prevention, restriction, or distortion of competition and do not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • Certificate issued that the deeds of covenant, as amended, do not offend against Section 4(1) of the Competition Act, 1991.