Power Supermarkets Ltd/Richard & Susan Whyte [1994] IECA 377 (21st November, 1994)

Power Supermarkets Ltd/Richard & Susan Whyte [1994] IECA 377 (21st November, 1994)

The restrictive covenant does not offend Section 4(1) of the Competition Act, 1991 because it does not prevent, restrict, or distort competition, and the sale element was discharged before the Act commenced.

Citation
[1994] IECA 377
Parties
Vendor: Power Supermarkets Ltd; Purchasers: Richard & Susan Whyte
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Certificate Issuance Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Restrictive Covenants in Sale Agreements, Applicability of Competition Act to Property Transactions
Competition Law Restrictive Covenants in Sale Agreements Applicability of Competition Act to Property Transactions

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Parties

Power Supermarkets Ltd

Vendor

Richard & Susan Whyte

Purchasers

Procedural Posture

Competition Authority Decision / Certificate Issuance Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Does the restrictive covenant in the sale agreement offend Section 4(1) of the Competition Act, 1991?

Ratio Decidendi

The restrictive covenant does not offend Section 4(1) of the Competition Act, 1991 because it does not prevent, restrict, or distort competition, and the sale element was discharged before the Act commenced.

Court Disposition

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

Orders

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