Irish Nurseries/Uniplumo (Ire) Ltd [1994] IECA 300 (24th March, 1994)

Irish Nurseries/Uniplumo (Ire) Ltd [1994] IECA 300 (24th March, 1994)

The non-compete and related restrictions in the agreement did not have as their object or effect the prevention, restriction, or distortion of competition and therefore did not offend against Section 4(1) of the Competition Act 1991 during the period in which they operated.

Citation
[1994] IECA 300
Parties
Vendor: Irish Nurseries Limited; Vendor: Negley Groom; Target Company: Give Joy Limited; Purchaser: Uniplumo (Ireland) Limited
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Final Decision
Outcome
certificate issued; agreement did not offend Section 4(1)
Legal Topics
Non Compete Clauses, Merger Control, Sale of Business, Section 4(1) Competition Act 1991
Competition Law Non Compete Clauses Merger Control Sale of Business Section 4(1) Competition Act 1991

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Parties

Irish Nurseries Limited

Vendor

Negley Groom

Vendor

Give Joy Limited

Target Company

Uniplumo (Ireland) Limited

Purchaser

Procedural Posture

Competition Authority Notification/decision / Final Decision

Legal Issues

  1. 1 Whether non-compete clauses in the sale of Give Joy Limited offend against Section 4(1) of the Competition Act 1991

Ratio Decidendi

The non-compete and related restrictions in the agreement did not have as their object or effect the prevention, restriction, or distortion of competition and therefore did not offend against Section 4(1) of the Competition Act 1991 during the period in which they operated.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement dated 20 February 1991 did not offend against Section 4(1) of the Competition Act 1991 during the period in which it operated.