Power Supermarkets/Pat Owens [1994] IECA 316 (21st April, 1994)

Power Supermarkets/Pat Owens [1994] IECA 316 (21st April, 1994)

The restrictive user clause in the sale agreement does not have the object or effect of preventing, restricting, or distorting competition, and is pro-competitive as it enables the development of additional retail units.

Citation
[1994] IECA 316
Parties
Vendor: Power Supermarkets Ltd; Purchaser: Pat Owens
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Restrictive Covenants, Sale of Land, Shopping Centre Development, Section 4 Competition Act 1991
Competition Law Property Law Restrictive Covenants Sale of Land Shopping Centre Development Section 4 Competition Act 1991

Case Brief

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Parties

Power Supermarkets Ltd

Vendor

Pat Owens

Purchaser

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Competition Act, 1991

Legal Issues

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

Ratio Decidendi

The restrictive user clause in the sale agreement does not have the object or effect of preventing, restricting, or distorting competition, and is pro-competitive as it enables the development of additional retail units.

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 Power Supermarkets Ltd and Pat Owens in relation to the sale of land at Deal Yard Lane, Mallow, Co. Cork does not offend against Section 4(1) of the Competition Act, 1991.