Irish Competition Authority Decisions

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Cite as: [1993] IECA 27

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Apex/Brennan [1993] IECA 27 (2nd July, 1993)

Competition Authority

Competition Authority decision of 2 July 1993 relating to a notification under Section 7 of the Competition Act 1991.

Notification No. CA/717/92 - Apex Fire Protection Ltd/Mr William Brennan.

Decision No. 27

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Competition Authority decision of 2 July 1983 relating to a notification under Section 7 of the Competition Act, 1991.

Notification No. CA/717/92 - Apex Fire Protection Ltd/Mr William Brennan.

Decision No. 27

1. An employment contract between Apex Fire Protection Ltd and Mr. William Brennan was notified to the Competition Authority on 30 September 1992 by Apex Fire Protection Ltd. The notification requested a certificate, or in the event of a refusal by the Authority to grant a cetificate, a licence.

2. Mr. Brennan ceased to be an employee of Apex Fire Protection Ltd in May 1992 and had established his own business in June 1992.

3. On 26 March 1993 the notifying party's legal representatives informed the Authority that Apex Fire Protection Ltd did not intend to rely on its employment contract with Mr. Brennan and requested withdrawal of the notification.

4. The Authority has decided that non-solicit provisions similar to those included in this agreement offended against Section 4(1) of the Competition Act and did not satisfy the requirements for a licence under Section 4(2) (Decision No. 20 of 10 June 1993 - Notification No. CA/1130/92 - Apex Fire Protection Ltd/Mr Noel Murtagh)

The Decision

5. The Competition Authority has decided, on the basis of its views on employment contracts expressed in decision no. 20 and the fact that Apex Fire Protection Ltd does not intend to rely on the employment contract, that it will not be issuing a certificate or a licence in respect of notification no. CA/717/92. The Authority, therefore, accepts the withdrawal of notification no. CA/717/92 - Apex Fire Protection Ltd/Mr William Brennan.

For the Competition Authority

Patrick M. Lyons

Chairman

2 July 1993