[1998] IECA 499

[1998] IECA 499

The non-solicitation clause is limited in scope and duration, protects proprietary interests, and does not restrict competition; therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 499
Parties
Applicant: Delphi Software Ltd.; Respondent: Clients of Delphi Software Ltd.
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Non Solicitation Clauses, Restraint of Trade, Service Contracts
Competition Law Non Solicitation Clauses Restraint of Trade Service Contracts

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Parties

Delphi Software Ltd.

Applicant

Clients of Delphi Software Ltd.

Respondent

Procedural Posture

Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the non-solicitation clause in Delphi's standard service contract restricts competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The non-solicitation clause is limited in scope and duration, protects proprietary interests, and does not restrict competition; therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the standard service contract between Delphi Software Limited and its customers does not offend against Section 4(1) of the Competition Act, 1991.