Dairygold/Green [1993] IECA 33 (9th September, 1993)

Dairygold/Green [1993] IECA 33 (9th September, 1993)

The acquisition agreement and the two-year non-compete clause are not excessive and do not prevent, restrict, or distort competition, given the low combined market share and competitive market conditions. Therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 33
Parties
Purchaser: Dairygold Cooperative Society Ltd.; Vendor: J. W. Green & Co. Ltd.
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Merger Control, Non Compete Clauses, Market Concentration, Sale of Business
Competition Law Merger Control Non Compete Clauses Market Concentration Sale of Business

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Parties

Dairygold Cooperative Society Ltd.

Purchaser

J. W. Green & Co. Ltd.

Vendor

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the acquisition agreement and associated non-compete clause offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The acquisition agreement and the two-year non-compete clause are not excessive and do not prevent, restrict, or distort competition, given the low combined market share and competitive market conditions. Therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued; agreement does not offend Section 4(1)

Orders

  • Certificate issued confirming the agreement does not offend Section 4(1) of the Competition Act, 1991