Odenberg Engineering/Inspectron [1998] IECA 534 (19th November, 1998)

Odenberg Engineering/Inspectron [1998] IECA 534 (19th November, 1998)

The agreement, including its confidentiality and post-term non-compete clauses, is necessary to protect intellectual property and facilitate the transfer of specialist know-how, and does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 534
Parties
Notifying Party: Odenberg Engineering Ltd; Counterparty: Inspectron Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued; agreement does not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Research and Development Agreements, Non Compete Clauses, Intellectual Property Protection, Market Definition
Competition Law Research and Development Agreements Non Compete Clauses Intellectual Property Protection Market Definition

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Parties

Odenberg Engineering Ltd

Notifying Party

Inspectron Ltd

Counterparty

Procedural Posture

Competition Notification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the R&D general services agreement between Odenberg Engineering Ltd and Inspectron Ltd contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether post-term non-compete and confidentiality clauses in the agreement restrict competition

Ratio Decidendi

The agreement, including its confidentiality and post-term non-compete clauses, is necessary to protect intellectual property and facilitate the transfer of specialist know-how, and does not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement dated 8 April 1993 between Odenberg Engineering Limited and Inspectron Limited does not contravene Section 4(1) of the Competition Act, 1991.