Navenby/Alpha [1993] IECA 36 (5th October, 1993)

Navenby/Alpha [1993] IECA 36 (5th October, 1993)

The agreement and non-compete clause expired before the Competition Act came into force; therefore, the arrangements do not constitute an agreement in existence at or since the Act's commencement and cannot be validly notified under Section 7(1) or 7(2).

Citation
[1993] IECA 36
Parties
Purchaser: Navenby Limited; Target Company: Alpha Packaging Films Limited; Vendor: Ian Gracie; Vendor: Roy Fearnley
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate or Licence Under Competition Act / Decision
Outcome
notification invalid; certificate or licence cannot be issued
Legal Topics
Non Compete Clause, Merger Notification, Agreement Between Undertakings
Competition Law Non Compete Clause Merger Notification Agreement Between Undertakings

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Parties

Navenby Limited

Purchaser

Alpha Packaging Films Limited

Target Company

Ian Gracie

Vendor

Roy Fearnley

Vendor

Procedural Posture

Notification for Certificate or Licence Under Competition Act / Decision

Legal Issues

  1. 1 Whether the notified agreement falls within the scope of Section 4(1) of the Competition Act
  2. 2 Whether a certificate or licence can be issued for an agreement expired before the Act came into force

Ratio Decidendi

The agreement and non-compete clause expired before the Competition Act came into force; therefore, the arrangements do not constitute an agreement in existence at or since the Act's commencement and cannot be validly notified under Section 7(1) or 7(2).

Court Disposition

notification invalid; certificate or licence cannot be issued