Dairygold Co-op/ C&A O'Brien [1994] IECA 346 (23rd June, 1994)

Dairygold Co-op/ C&A O'Brien [1994] IECA 346 (23rd June, 1994)

Restrictive user clauses in the sale agreement do not prevent, restrict, or distort competition within the State as the purchaser and other undertakings remain free to compete elsewhere; completed sale element prior to the Act's commencement is not subject to Section 4(1).

Citation
[1994] IECA 346
Parties
Notifier/successor Vendor: Dairygold Co-operative Society Ltd; Vendor: Mitchelstown Co-operative Agricultural Society Ltd; Purchaser: Conor and Annabella O'Brien
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Certificate Determination
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Restrictive Covenants, Sale of Premises, Section 4 Competition Act 1991
Competition Law Restrictive Covenants Sale of Premises Section 4 Competition Act 1991

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Parties

Dairygold Co-operative Society Ltd

Notifier/successor Vendor

Mitchelstown Co-operative Agricultural Society Ltd

Vendor

Conor and Annabella O'Brien

Purchaser

Procedural Posture

Competition Authority Notification Decision / Certificate Determination

Legal Issues

  1. 1 Whether restrictive covenants in sale agreement offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Restrictive user clauses in the sale agreement do not prevent, restrict, or distort competition within the State as the purchaser and other undertakings remain free to compete elsewhere; completed sale element prior to the Act's commencement is not subject to Section 4(1).

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement does not offend Section 4(1) of the Competition Act, 1991.