Circa Groupe Europe Ltd /Subscription and Shareholders Agreement [1995] IECA 425 (22nd September, 1995)

Circa Groupe Europe Ltd /Subscription and Shareholders Agreement [1995] IECA 425 (22nd September, 1995)

The agreement does not offend Section 4(1) of the Competition Act, 1991 because the restrictions are limited, necessary to protect the goodwill of the business, and do not prevent competition between the undertakings in the relevant market segments.

Citation
[1995] IECA 425
Parties
Notifier/company: Circa Group Europe Ltd; Subscriber/shareholder: Tom Casey; Subscriber/shareholder: Andy Conway; Subscriber/shareholder: Tom Higgins; Subscriber/shareholder: Eamonn Kinsella; Subscriber/shareholder: Noel Shaw; Subscriber/shareholder: Brendan Wafer; Subscriber/shareholder: Trustees for University College Dublin
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) Competition Act, 1991
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Shareholders Agreement, Non Compete Covenants, Consultancy Services, Section 4 Competition Act 1991, Agreement Between Undertakings
Competition Law Shareholders Agreement Non Compete Covenants Consultancy Services Section 4 Competition Act 1991 Agreement Between Undertakings

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Parties

Circa Group Europe Ltd

Notifier/company

Tom Casey

Subscriber/shareholder

Andy Conway

Subscriber/shareholder

Tom Higgins

Subscriber/shareholder

Eamonn Kinsella

Subscriber/shareholder

Noel Shaw

Subscriber/shareholder

Brendan Wafer

Subscriber/shareholder

Trustees for University College Dublin

Subscriber/shareholder

Procedural Posture

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

Legal Issues

  1. 1 Whether the Subscription and Shareholders Agreement offends Section 4(1) of the Competition Act, 1991 by preventing, restricting or distorting competition.

Ratio Decidendi

The agreement does not offend Section 4(1) of the Competition Act, 1991 because the restrictions are limited, necessary to protect the goodwill of the business, and do not prevent competition between the undertakings in the relevant market segments.

Court Disposition

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

Orders

  • Certificate issued confirming the Subscription and Shareholders Agreement does not offend Section 4(1) of the Competition Act, 1991.