H Williams Tallaght Ltd/Town and County Investments plc [1993] IECA 152 (3rd December, 1993)

H Williams Tallaght Ltd/Town and County Investments plc [1993] IECA 152 (3rd December, 1993)

The restricted user clause relating to the supermarket unit does not offend against Section 4(1) of the Competition Act 1991 because the sale was completed prior to the commencement of the Act and the clause is consistent with previous decisions regarding similar user clauses.

Citation
[1993] IECA 152
Parties
Vendor: H. Williams (Tallaght) Ltd; Purchaser: Town and County Investments plc (formerly Mallgate Ltd)
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Restrictive Covenants, User Clauses, Sale of Commercial Property
Competition Law Anti Competitive Agreements Restrictive Covenants User Clauses Sale of Commercial Property

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Parties

H. Williams (Tallaght) Ltd

Vendor

Town and County Investments plc (formerly Mallgate Ltd)

Purchaser

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

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

Ratio Decidendi

The restricted user clause relating to the supermarket unit does not offend against Section 4(1) of the Competition Act 1991 because the sale was completed prior to the commencement of the Act and the clause is consistent with previous decisions regarding similar user clauses.

Court Disposition

certificate issued

Orders

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