Peter Mark/M Stapleton [1993] IECA 13 (18th February, 1993)

Peter Mark/M Stapleton [1993] IECA 13 (18th February, 1993)

Ms Stapleton was not and is not an undertaking under Section 3(1) of the Competition Act, 1991; the employment contract does not constitute an agreement between undertakings and falls outside the scope of Section 7 of the Act.

Citation
[1993] IECA 13
Parties
Employer: Peter Mark; Employee: Majella Stapleton
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Authority Decision
Outcome
Refusal to grant certificate or licence under the Competition Act, 1991.
Legal Topics
Definition of Undertaking, Employment Contract Restraints, Non Competition Clauses
Competition Law Employment Law Definition of Undertaking Employment Contract Restraints Non Competition Clauses

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Parties

Peter Mark

Employer

Majella Stapleton

Employee

Procedural Posture

Competition Authority Notification / Authority Decision

Legal Issues

  1. 1 Whether an employee is an 'undertaking' under the Competition Act, 1991
  2. 2 Whether an employment contract with restraint clauses constitutes an agreement between undertakings under Section 4(1)

Ratio Decidendi

Ms Stapleton was not and is not an undertaking under Section 3(1) of the Competition Act, 1991; the employment contract does not constitute an agreement between undertakings and falls outside the scope of Section 7 of the Act.

Court Disposition

Refusal to grant certificate or licence under the Competition Act, 1991.

Orders

  • Authority refuses to grant a certificate or a licence under the Act.