Sutcliffe Irl/ National Catering [1994] IECA 275 (4th February, 1994)

Sutcliffe Irl/ National Catering [1994] IECA 275 (4th February, 1994)

The amended agreement, including revised non-compete clauses, does not offend Section 4(1) as the restrictions are limited to what is necessary for the transfer of goodwill and do not restrict competition in the relevant market.

Citation
[1994] IECA 275
Parties
Purchaser: Sutcliffe Ireland Limited; Vendor: Michael Mac Cormac; Vendor: Brian Devlin; Vendor: Vincent Poklewski-Koziell; Vendor: Edward Redden
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Final Decision and Certificate Issued
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Mergers and Acquisitions, Non Compete Clauses, Market Definition, Anti Competitive Agreements
Competition Law Corporate Law Mergers and Acquisitions Non Compete Clauses Market Definition Anti Competitive Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Sutcliffe Ireland Limited

Purchaser

Michael Mac Cormac

Vendor

Brian Devlin

Vendor

Vincent Poklewski-Koziell

Vendor

Edward Redden

Vendor

Procedural Posture

Competition Authority Notification Decision / Final Decision and Certificate Issued

Legal Issues

  1. 1 Does the sale and purchase agreement for Rushmore, including non-compete clauses, offend Section 4(1) of the Competition Act, 1991?
  2. 2 Are the parties undertakings within the meaning of the Act?
  3. 3 Is the relevant market definition appropriate for assessing competition effects?

Ratio Decidendi

The amended agreement, including revised non-compete clauses, does not offend Section 4(1) as the restrictions are limited to what is necessary for the transfer of goodwill and do not restrict competition in the relevant market.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement of 11 May 1993, as amended by the Supplemental Agreement of 31 January 1994, does not offend Section 4(1) of the Competition Act, 1991.