Laurence & Catherine Power/Patrick & Margaret Byrne [1993] IECA 194 (3rd December, 1993)

Laurence & Catherine Power/Patrick & Margaret Byrne [1993] IECA 194 (3rd December, 1993)

The lease agreement, including its restrictive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 194
Parties
Grantor/landlord: Laurence Power; Grantor/landlord: Catherine Power; Grantee/tenant: Patrick Byrne; Grantee/tenant: Margaret Byrne
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Lease Agreements, Restrictive Covenants, Section 4(1) Competition Act 1991, Shopping Centre Leases
Competition Law Lease Agreements Restrictive Covenants Section 4(1) Competition Act 1991 Shopping Centre Leases

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Parties

Laurence Power

Grantor/landlord

Catherine Power

Grantor/landlord

Patrick Byrne

Grantee/tenant

Margaret Byrne

Grantee/tenant

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease agreement, including its restrictive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or any part of 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 Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued under Section 4(4) of the Competition Act, 1991.