Rathmines Properties Ltd/James Paul and Erica Anne Murray [1993] IECA 116 (13th October, 1993)

Rathmines Properties Ltd/James Paul and Erica Anne Murray [1993] IECA 116 (13th October, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 116
Parties
Landlord: Rathmines Properties Ltd; Tenant: James Paul Murray; Tenant: Erica Anne Murray
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Certificate Determination
Outcome
certificate issued
Legal Topics
Exclusive Lease Clauses, Restrictive Covenants, Section 4 Competition Act 1991
Competition Law Exclusive Lease Clauses Restrictive Covenants Section 4 Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rathmines Properties Ltd

Landlord

James Paul Murray

Tenant

Erica Anne Murray

Tenant

Procedural Posture

Competition Authority Decision / Certificate Determination

Legal Issues

  1. 1 Whether the lease agreement and restrictive user clauses prevent, restrict, or distort competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

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