Group 91 Architects Ltd/Shareholders Agreement [1995] IECA 433 (20th October, 1995)

Group 91 Architects Ltd/Shareholders Agreement [1995] IECA 433 (20th October, 1995)

The notified shareholders agreement and Deed of Covenant do not offend Section 4(1) of the Competition Act, 1991 because the restrictions are necessary for the operation of the joint venture, limited in scope and duration, and do not restrict competition outside the specific project.

Citation
[1995] IECA 433
Parties
Notifier: Group 91 Architects Ltd; Shareholder/director: Michael McGarry; Shareholder/director: Siobhan Ni Eanaigh; Shareholder/director: Derek Tynan; Shareholder/director: Sheila O'Donnell; Shareholder/director: John Tuomey; Shareholder/director: Niall McCullough; Shareholder/director: Valerie Mulvin; Shareholder/director: Shay Cleary; Shareholder/director: Paul Keogh; Shareholder/director: Rachael Chidlow; Shareholder/director: Yvonne Farrell; Shareholder/director: Shelley McNamara; Shareholder/director: Shane O'Toole
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision and Certificate Issued
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Shareholders Agreement, Joint Venture, Restrictive Covenants, Section 4 Competition Act 1991, Ancillary Restraints
Competition Law Shareholders Agreement Joint Venture Restrictive Covenants Section 4 Competition Act 1991 Ancillary Restraints

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Parties

Group 91 Architects Ltd

Notifier

Michael McGarry

Shareholder/director

Siobhan Ni Eanaigh

Shareholder/director

Derek Tynan

Shareholder/director

Sheila O'Donnell

Shareholder/director

John Tuomey

Shareholder/director

Niall McCullough

Shareholder/director

Valerie Mulvin

Shareholder/director

Shay Cleary

Shareholder/director

Paul Keogh

Shareholder/director

Rachael Chidlow

Shareholder/director

Yvonne Farrell

Shareholder/director

Shelley McNamara

Shareholder/director

Shane O'Toole

Shareholder/director

Procedural Posture

Competition Authority Notification/decision / Final Decision and Certificate Issued

Legal Issues

  1. 1 Whether the shareholders agreement and Deed of Covenant offend Section 4(1) of the Competition Act, 1991 by restricting competition

Ratio Decidendi

The notified shareholders agreement and Deed of Covenant do not offend Section 4(1) of the Competition Act, 1991 because the restrictions are necessary for the operation of the joint venture, limited in scope and duration, and do not restrict competition outside the specific project.

Court Disposition

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

Orders

  • The Competition Authority certifies that the shareholders agreement and Deed of Covenant notified under Section 7(1) on 26 August, 1992 (notification no. CA/65/92), does not offend against Section 4(1) of the Competition Act, 1991.