TDI Metro Limited / Joseph John Patchell [1998] IECA 509 (17th June, 1998)

TDI Metro Limited / Joseph John Patchell [1998] IECA 509 (17th June, 1998)

The amended share purchase agreement, with modified non-compete and non-solicit clauses, does not prevent, restrict or distort competition and therefore does not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1998] IECA 509
Parties
Purchaser: TDI Metro Limited; Vendor: Joseph John Patchell; Target Company: Roadshow Advertising Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
certificate issued
Legal Topics
Merger Control, Non Compete Clauses, Market Concentration, Barriers to Entry
Competition Law Mergers and Acquisitions Merger Control Non Compete Clauses Market Concentration Barriers to Entry

Case Brief

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Parties

TDI Metro Limited

Purchaser

Joseph John Patchell

Vendor

Roadshow Advertising Limited

Target Company

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Does the share purchase agreement contravene Section 4(1) of the Competition Act, 1991?
  2. 2 Are the non-compete and non-solicit clauses anti-competitive under Section 4(1)?

Ratio Decidendi

The amended share purchase agreement, with modified non-compete and non-solicit clauses, does not prevent, restrict or distort competition and therefore does not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the Share Purchase Agreement between TDI Metro Limited and Joseph John Patchell for the entire issued share capital of Roadshow Advertising Limited, as amended, does not contravene Section 4(1) of the Competition Act, 1991.