Carlow Developments Ltd/ Naas Holdings Ltd [1994] IECA 382 (16th December, 1994)

Carlow Developments Ltd/ Naas Holdings Ltd [1994] IECA 382 (16th December, 1994)

Restrictive user clauses limited to the property sold do not offend Section 4(1) of the Competition Act, 1991. The original clause, which extended the restriction to other properties owned or acquired by the transferee, would have offended Section 4(1), but this was remedied by the transferor's agreement not to enforce that element. As amended, the agreement does not offend the Act.

Citation
[1994] IECA 382
Parties
Applicant: Carlow Developments Ltd; Respondent: Naas Holdings Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Restrictive Covenants, Property Sale Agreements, Anti Competitive Agreements
Competition Law Restrictive Covenants Property Sale Agreements Anti Competitive Agreements

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Parties

Carlow Developments Ltd

Applicant

Naas Holdings Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether restrictive user clauses in a property sale agreement offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Restrictive user clauses limited to the property sold do not offend Section 4(1) of the Competition Act, 1991. The original clause, which extended the restriction to other properties owned or acquired by the transferee, would have offended Section 4(1), but this was remedied by the transferor's agreement not to enforce that element. As amended, the agreement does not offend the Act.

Court Disposition

certificate granted

Orders

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