Reflex/Parity Maintenance [1993] IECA 140 (20th October, 1993)

Reflex/Parity Maintenance [1993] IECA 140 (20th October, 1993)

The agreement, as amended to waive the post-employment non-compete restriction, does not have as its object or effect the prevention, restriction, or distortion of competition and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 140
Parties
Purchaser: Reflex Investments plc; Target Company: Parity Maintenance Limited; Vendor: Paul Murphy; Vendor: Thomas Moynagh; Vendor: Arthur Fitzpatrick; Vendor: Alphonsus Waters
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
certificate issued
Legal Topics
Non Compete Clause, Mergers and Acquisitions, Agreement Between Undertakings
Competition Law Non Compete Clause Mergers and Acquisitions Agreement Between Undertakings

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Parties

Reflex Investments plc

Purchaser

Parity Maintenance Limited

Target Company

Paul Murphy

Vendor

Thomas Moynagh

Vendor

Arthur Fitzpatrick

Vendor

Alphonsus Waters

Vendor

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Whether the agreement between Reflex Investments plc and the vendors for the acquisition of Parity Maintenance Limited, including the non-compete clause, offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The agreement, as amended to waive the post-employment non-compete restriction, does not have as its object or effect the prevention, restriction, or distortion of competition and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

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