IAWS Group/Shamrock Foods [1994] IECA 299 (24th March, 1994)

IAWS Group/Shamrock Foods [1994] IECA 299 (24th March, 1994)

The acquisition of 74% of Brookline by IAWS was completed before the Competition Act commenced and is outside Section 4(1); the subsequent purchase of the minority shareholding and the non-compete clause, being ancillary and reasonable, do not offend Section 4(1).

Citation
[1994] IECA 299
Parties
Applicant: IAWS Group plc; Respondent: Mr. Sean P. Deignan; Respondent: Mr. John F. Deignan; Respondent: Brookline Limited (later Shamrock Foods Ltd.)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act.
Legal Topics
Non Compete Clauses, Share Acquisition, Agreement Between Undertakings, Section 4(1) Competition Act
Competition Law Non Compete Clauses Share Acquisition Agreement Between Undertakings Section 4(1) Competition Act

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Parties

IAWS Group plc

Applicant

Mr. Sean P. Deignan

Respondent

Mr. John F. Deignan

Respondent

Brookline Limited (later Shamrock Foods Ltd.)

Respondent

Procedural Posture

Competition Authority Notification / Decision on Notification

Legal Issues

  1. 1 Whether the shareholding and non-compete agreement offends Section 4(1) of the Competition Act

Ratio Decidendi

The acquisition of 74% of Brookline by IAWS was completed before the Competition Act commenced and is outside Section 4(1); the subsequent purchase of the minority shareholding and the non-compete clause, being ancillary and reasonable, do not offend Section 4(1).

Court Disposition

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

Orders

  • Certificate issued stating the agreement does not offend Section 4(1) of the Competition Act.