Apex/Brennan [1993] IECA 27 (2nd July, 1993)

Apex/Brennan [1993] IECA 27 (2nd July, 1993)

The Authority will not issue a certificate or licence as the non-solicit provisions offend Section 4(1) and the notifying party no longer intends to rely on the contract.

Citation
[1993] IECA 27
Parties
Notifying Party: Apex Fire Protection Ltd; Counterparty: Mr William Brennan
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification Withdrawal
Outcome
notification withdrawn and accepted; no certificate or licence issued
Legal Topics
Employment Contract, Non Solicit Provision, Notification Under Competition Act 1991
Competition Law Employment Contract Non Solicit Provision Notification Under Competition Act 1991

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Parties

Apex Fire Protection Ltd

Notifying Party

Mr William Brennan

Counterparty

Procedural Posture

Competition Notification / Decision on Notification Withdrawal

Legal Issues

  1. 1 Whether non-solicit provisions in the employment contract offend Section 4(1) of the Competition Act 1991
  2. 2 Whether the agreement qualifies for a licence under Section 4(2) of the Competition Act 1991

Ratio Decidendi

The Authority will not issue a certificate or licence as the non-solicit provisions offend Section 4(1) and the notifying party no longer intends to rely on the contract.

Court Disposition

notification withdrawn and accepted; no certificate or licence issued

Orders

  • Withdrawal of notification no. CA/717/92 accepted
  • No certificate or licence to be issued in respect of notification no. CA/717/92