Reflex/Parity Modules [1993] IECA 139 (20th October, 1993)

Reflex/Parity Modules [1993] IECA 139 (20th October, 1993)

The agreement, as amended by Reflex's undertaking to waive the post-employment non-compete clause, does not have the object or effect of preventing, restricting, or distorting competition and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 139
Parties
Purchaser: Reflex Investments plc; Vendor: Paul Murphy; Vendor: Ruth Murphy; Target Company: Parity Modules Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
certificate issued
Legal Topics
Non Compete Clause, Merger Control, Agreement Between Undertakings
Competition Law Non Compete Clause Merger Control Agreement Between Undertakings

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Parties

Reflex Investments plc

Purchaser

Paul Murphy

Vendor

Ruth Murphy

Vendor

Parity Modules Limited

Target Company

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Whether the agreement between Reflex Investments plc and the Murphys for the sale of Parity Modules Limited, including non-compete clauses, violates Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The agreement, as amended by Reflex's undertaking to waive the post-employment non-compete clause, does not have the object or effect of preventing, restricting, or distorting 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.