H Williams & Co Ltd/ Glenberg [1993] IECA 199 (3rd December, 1993)

H Williams & Co Ltd/ Glenberg [1993] IECA 199 (3rd December, 1993)

The restrictive user clause in the conveyance agreement 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 Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 199
Parties
Vendor: H. Williams and Company Ltd; Purchaser: Glenberg Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Issuance of 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
Restrictive Covenants, Shopping Centre Leases, Permitted User Clauses
Competition Law Property Law Restrictive Covenants Shopping Centre Leases Permitted User Clauses

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Parties

H. Williams and Company Ltd

Vendor

Glenberg Ltd

Purchaser

Procedural Posture

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

Legal Issues

  1. 1 Whether the restrictive user clause in the conveyance agreement offends Section 4(1) of the Competition Act 1991

Ratio Decidendi

The restrictive user clause in the conveyance agreement 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 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

  • The Competition Authority certifies that the agreement between H. Williams and Company Ltd and Glenberg does not offend Section 4(1) of the Competition Act 1991.