Brian Moran/Universal Travel/Hewetts Travel [1993] IECA 26 (1st July, 1993)

Brian Moran/Universal Travel/Hewetts Travel [1993] IECA 26 (1st July, 1993)

The sale element of the transaction was discharged prior to the commencement of the Competition Act, and the non-compete clause has expired; therefore, the agreement does not offend Section 4(1).

Citation
[1993] IECA 26
Parties
Vendor: Brian Moran; Vendor: Jean Moran; Vendor: Alan Dargan; Vendor: Peter Dargan; Vendor: Michael Dargan; Purchaser: Hewetts Travel Agency Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Non Compete Clause, Merger Control, Agreement Between Undertakings
Competition Law Non Compete Clause Merger Control Agreement Between Undertakings

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 3 Party arguments 2
Sign in to unlock

Parties

Brian Moran

Vendor

Jean Moran

Vendor

Alan Dargan

Vendor

Peter Dargan

Vendor

Michael Dargan

Vendor

Hewetts Travel Agency Limited

Purchaser

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the agreement for the sale of Universal Travel Agency Limited and its non-compete clause offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The sale element of the transaction was discharged prior to the commencement of the Competition Act, and the non-compete clause has expired; therefore, the agreement does not offend Section 4(1).

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement does not offend Section 4(1) of the Competition Act, 1991.