Norish/Food Industries [1993] IECA 138 (20th October, 1993)

Norish/Food Industries [1993] IECA 138 (20th October, 1993)

The non-compete clause does not offend Section 4(1) of the Competition Act, 1991, as its duration is less than two years from the date of full acquisition and is not an artificial extension to restrict competition.

Citation
[1993] IECA 138
Parties
Vendor: Food Industries plc; Purchaser: Norish plc; Subject Company: Gyrtna Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Non Compete Clauses, Mergers and Acquisitions, Transfer of Goodwill
Competition Law Non Compete Clauses Mergers and Acquisitions Transfer of Goodwill

Case Brief

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Parties

Food Industries plc

Vendor

Norish plc

Purchaser

Gyrtna Limited

Subject Company

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Whether the non-compete clause in the share sale agreement offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The non-compete clause does not offend Section 4(1) of the Competition Act, 1991, as its duration is less than two years from the date of full acquisition and is not an artificial extension to restrict competition.

Court Disposition

certificate issued; agreement does not offend Section 4(1)

Orders

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