Sanbra Fyffe Ltd / Share Purchase Agreement [1999] IECA 558 (21st June, 1999)

Sanbra Fyffe Ltd / Share Purchase Agreement [1999] IECA 558 (21st June, 1999)

The Authority cannot issue a certificate or licence for an agreement that has expired prior to the decision, as such action would have no legal effect under the Competition Act, 1991.

Citation
[1999] IECA 558
Parties
Notifier: Sanbra Fyffe Ltd; Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Final Decision
Outcome
file closed without consideration of merits
Legal Topics
Share Purchase Agreement, Management Buyout, Expired Agreements, Certificates and Licences Under Competition Act 1991
Competition Law Share Purchase Agreement Management Buyout Expired Agreements Certificates and Licences Under Competition Act 1991

Case Brief

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Parties

Sanbra Fyffe Ltd

Notifier

Competition Authority

Decision Maker

Procedural Posture

Competition Notification / Final Decision

Legal Issues

  1. 1 Whether a certificate or licence can be granted under Section 4 of the Competition Act, 1991 for an expired share purchase agreement

Ratio Decidendi

The Authority cannot issue a certificate or licence for an agreement that has expired prior to the decision, as such action would have no legal effect under the Competition Act, 1991.

Court Disposition

file closed without consideration of merits

Orders

  • No certificate or licence issued
  • File closed