Edward & Catherine Drennan/Anthony & Kathryn O'Donovan [1993] IECA 224 (15th December, 1993)

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

Citation: [1993] IECA 224
Parties: Lessor: Edward Drennan; Lessor: Catherine Drennan; Lessee: Anthony Finbarr O'Donovan; Lessee: Kathryn O'Donovan
Jurisdiction: Ireland
Procedural Posture: Competition Notification Decision / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome: certificate issued
Legal Topics: Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants

Competition Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

Edward Drennan

Lessor

Catherine Drennan

Lessor

Anthony Finbarr O'Donovan

Lessee

Kathryn O'Donovan

Lessee

Procedural Posture

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

Legal Issues

1 Whether the notified leases and restrictive user clauses offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

certificate issued

Orders

Certificate issued stating the agreements do not offend against Section 4(1) of the Competition Act, 1991.