O'Farrell, etc/Merchants Hall [1994] IECA 311 (21st April, 1994)

O'Farrell, etc/Merchants Hall [1994] IECA 311 (21st April, 1994)

The standard lease agreement, including user and assignment restrictions, does not offend Section 4(1) of the Competition Act 1991 as such provisions are necessary for the landlord/tenant relationship and do not have the object or effect of preventing, restricting or distorting competition within the State.

Citation
[1994] IECA 311
Parties
Notifier/landlord: Liam O'Farrell; Notifier/landlord: Philomena McDermott; Notifier/landlord: Carmel Anne McDermott; Notifier/landlord: Orlaith McDermott; Notifier/landlord: Siobhan McDermott; Notifier/landlord: Seamus McDermott; Notifier/landlord: Geranth Ltd; Tenant/respondent: Tenants of Merchants Hall
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Lease Restrictions, User Clauses, Landlord and Tenant Relationship
Competition Law Property Law Anti Competitive Agreements Lease Restrictions User Clauses Landlord and Tenant Relationship

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Parties

Liam O'Farrell

Notifier/landlord

Philomena McDermott

Notifier/landlord

Carmel Anne McDermott

Notifier/landlord

Orlaith McDermott

Notifier/landlord

Siobhan McDermott

Notifier/landlord

Seamus McDermott

Notifier/landlord

Geranth Ltd

Notifier/landlord

Tenants of Merchants Hall

Tenant/respondent

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the standard lease agreement between OMG and tenants contains provisions that prevent, restrict or distort competition under Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The standard lease agreement, including user and assignment restrictions, does not offend Section 4(1) of the Competition Act 1991 as such provisions are necessary for the landlord/tenant relationship and do not have the object or effect of preventing, restricting or distorting competition within the State.

Court Disposition

certificate issued

Orders

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