Odenberg Engineering/Inspectron [1998] IECA 535 (19th November, 1998)

Odenberg Engineering/Inspectron [1998] IECA 535 (19th November, 1998)

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

Citation
[1998] IECA 535
Parties
Notifying Party: Odenberg Engineering Ltd; Consultant/other Party: Inspectron Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate granted; 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

Consultant/other Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the R&D agreement between Odenberg Engineering and Inspectron restricts, prevents, or distorts competition under Section 4(1) of the Competition Act, 1991
  2. 2 Whether the post-term non-compete and confidentiality clauses are anti-competitive

Ratio Decidendi

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

Court Disposition

Certificate granted; 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.