Francis Spaight and Sons Ltd/Seamus Canty [1993] IECA 136 (13th October, 1993)

Francis Spaight and Sons Ltd/Seamus Canty [1993] IECA 136 (13th October, 1993)

The lease, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in the State or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 136
Parties
Landlord: Francis Spaight and Sons Ltd; Tenant: Seamus Canty
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive Dealing, Restrictive Covenants in Leases
Competition Law Property Law Anti Competitive Agreements Exclusive Dealing Restrictive Covenants in Leases

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Parties

Francis Spaight and Sons Ltd

Landlord

Seamus Canty

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The lease, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in the State or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

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