H Williams (Tallaght) Ltd (in receivership)/ Quinnsworth (formerly Light Bite) [1993] IECA 153 (3rd December, 1993)

H Williams (Tallaght) Ltd (in receivership)/ Quinnsworth (formerly Light Bite) [1993] IECA 153 (3rd December, 1993)

The notified agreement, including the restrictive user clause, does not have the object or effect of preventing, restricting or distorting competition in the State and therefore does not offend against Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 153
Parties
Vendor: H. Williams (Tallaght) Ltd (in receivership); Purchaser: Quinnsworth (formerly Light Bite)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act 1991
Outcome
Certificate issued that the agreement does not offend against Section 4(1) of the Competition Act 1991.
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

H. Williams (Tallaght) Ltd (in receivership)

Vendor

Quinnsworth (formerly Light Bite)

Purchaser

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act 1991

Legal Issues

  1. 1 Whether the sale/transfer agreement and its restrictive user clause offend against Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified agreement, including the restrictive user clause, does not have the object or effect of preventing, restricting or distorting competition in the State and therefore does not offend against Section 4(1) of the Competition Act 1991.

Court Disposition

Certificate issued that the agreement does not offend against Section 4(1) of the Competition Act 1991.

Orders

  • Certificate issued under Section 4(4) of the Competition Act 1991 confirming the agreement does not offend Section 4(1).