E & A Gorman/A Elkinson [1994] IECA 341 (14th June, 1994)

E & A Gorman/A Elkinson [1994] IECA 341 (14th June, 1994)

The restrictive and exclusive user clauses in the agreement do not prevent, restrict, or distort competition within the State, as the purchaser and others remain free to compete in the relevant markets elsewhere. The sale element was completed before the Act commenced and is not subject to Section 4(1).

Citation
[1994] IECA 341
Parties
Vendor: Ethel Gorman; Vendor: Ann Gorman; Purchaser: Adrian Elkinson
Jurisdiction
Ireland
Procedural Posture
Competition Notification Decision / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Anti Competitive Agreements, Restrictive Covenants, Assignment of Leasehold, Exclusive User Clauses
Competition Law Anti Competitive Agreements Restrictive Covenants Assignment of Leasehold Exclusive User Clauses

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Parties

Ethel Gorman

Vendor

Ann Gorman

Vendor

Adrian Elkinson

Purchaser

Procedural Posture

Competition Notification Decision / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the notified agreement contains provisions that offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The restrictive and exclusive user clauses in the agreement do not prevent, restrict, or distort competition within the State, as the purchaser and others remain free to compete in the relevant markets elsewhere. The sale element was completed before the Act commenced and is not subject to Section 4(1).

Court Disposition

certificate issued; agreement does not offend Section 4(1)

Orders

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