Navenby/Savage Plastic Packaging Ltd/Savpack/Noel Savage [1993] IECA 35 (24th September, 1993)
The agreement and non-compete clause expired before the Competition Act came into force; therefore, the Authority cannot grant a certificate or licence as the arrangements do not constitute a validly notifiable agreement under the Act.
- Citation
- [1993] IECA 35
- Parties
- Purchaser: Navenby Limited; Vendor: Noel Savage; Vendor: Kevin Savage; Vendor: Christopher Kiernan; Vendor: Industrial Credit Corporation; Subject Company: Savage Plastic Packaging Limited; Subject Company: Savpak Limited
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision
- Outcome
- notification invalid
- Legal Topics
- Non Compete Clause, Merger Notification, Agreement Validity
Case Brief
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Parties
Navenby Limited
Purchaser
Noel Savage
Vendor
Kevin Savage
Vendor
Christopher Kiernan
Vendor
Industrial Credit Corporation
Vendor
Savage Plastic Packaging Limited
Subject Company
Savpak Limited
Subject Company
Procedural Posture
Competition Notification / Decision
Legal Issues
- 1 Whether the notified agreement falls within the scope of Section 4(1) of the Competition Act
- 2 Whether the Competition Authority can grant a certificate or licence for an agreement expired before the Act commenced
Ratio Decidendi
The agreement and non-compete clause expired before the Competition Act came into force; therefore, the Authority cannot grant a certificate or licence as the arrangements do not constitute a validly notifiable agreement under the Act.
Court Disposition
notification invalid
Orders
- Authority cannot issue certificate or licence in respect of the notification
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