Phil Fortune/Budget Travel [1992] IECA 9 (14th September, 1992)

The non-competition clauses, as amended and with the purchaser's undertaking regarding confidential information, are limited to what is necessary to ensure the complete transfer of the goodwill of BTSA and do not offend against Section 4(1) of the Competition Act, 1991. The agreement does not prevent, restrict, or distort competition in the State or any part thereof.

Citation: [1992] IECA 9
Parties: Purchaser: Phil Fortune; Vendor: Budget Travel Limited
Jurisdiction: Ireland
Procedural Posture: Competition Authority Decision / Final Decision and Certificate Issued
Outcome: Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics: Non Competition Clauses, Sale of Business, Goodwill Transfer, Market Definition, Restraint of Trade

Competition Law Non Competition Clauses Sale of Business Goodwill Transfer Market Definition Restraint of Trade

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Parties

Phil Fortune

Purchaser

Budget Travel Limited

Vendor

Procedural Posture

Competition Authority Decision / Final Decision and Certificate Issued

Legal Issues

1 Whether the non-competition clauses in the sale agreement offend Section 4(1) of the Competition Act, 1991
2 Whether the agreement restricts, prevents, or distorts competition in the relevant market

Ratio Decidendi

Court Disposition

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

Orders

Certificate issued under Section 4(6) of the Competition Act, 1991, in respect of Notification No. CA/1/92 - Phil Fortune/Budget Travel Limited.