Civil Engineers (Ireland) Ltd/ William & Josephine Donovan [1993] IECA 70 (5th October, 1993)

Civil Engineers (Ireland) Ltd/ William & Josephine Donovan [1993] IECA 70 (5th October, 1993)

The notified lease agreement, including its restricted and exclusive user clauses and other standard restrictive clauses, 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 70
Parties
Lessor: Civil Engineers (Ireland) Ltd; Lessee: William Donovan; Lessee: Josephine Donovan
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision
Outcome
certificate issued; agreement does not offend against Section 4(1) of the Competition Act 1991
Legal Topics
Anti Competitive Agreements, Lease Restrictions, Exclusive User Clauses
Competition Law Anti Competitive Agreements Lease Restrictions Exclusive User Clauses

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Parties

Civil Engineers (Ireland) Ltd

Lessor

William Donovan

Lessee

Josephine Donovan

Lessee

Procedural Posture

Competition Authority Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between Civil Engineers (Ireland) Ltd and William and Josephine Donovan contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The notified lease agreement, including its restricted and exclusive user clauses and other standard restrictive clauses, 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; agreement does not offend against Section 4(1) of the Competition Act 1991

Orders

  • The Competition Authority certifies that the agreement does not offend against Section 4(1) of the Competition Act 1991.