CADO Pvt. Ltd./ Mr. Tom O'Connor/CFP International Ltd./Mr. Andrew Beasley [1996] IECA 465 (23rd May, 1996)

CADO Pvt. Ltd./ Mr. Tom O'Connor/CFP International Ltd./Mr. Andrew Beasley [1996] IECA 465 (23rd May, 1996)

The restrictions in the deed of covenant are limited to two years and a defined geographical area, do not exceed what is necessary to protect goodwill, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1996] IECA 465
Parties
Party: Cado Pvt. Ltd.; Vendor: Tom O'Connor; Purchaser: CFP International Ltd.; Purchaser: Andrew Beasley
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
Certificate granted; agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Non Compete Agreements, Share Purchase Agreements, Goodwill Protection, Undertakings Definition
Competition Law Non Compete Agreements Share Purchase Agreements Goodwill Protection Undertakings Definition

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Parties

Cado Pvt. Ltd.

Party

Tom O'Connor

Vendor

CFP International Ltd.

Purchaser

Andrew Beasley

Purchaser

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether the deed of covenant, share purchase agreement, and discharge offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The restrictions in the deed of covenant are limited to two years and a defined geographical area, do not exceed what is necessary to protect goodwill, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate granted; agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the Deed of Covenant, Share Purchase Agreement and Discharge do not offend Section 4(1) of the Competition Act, 1991.