Power/ Cleary [1994] IECA 277 (4th February, 1994)

Power/ Cleary [1994] IECA 277 (4th February, 1994)

The lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 277
Parties
Landlord: Rita Power; Tenant: Frederick Cleary; Tenant: Mary Cleary
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate issued
Legal Topics
Exclusive Lease Clauses, Restrictive Covenants, Anti Competitive Agreements
Competition Law Exclusive Lease Clauses Restrictive Covenants Anti Competitive Agreements

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Parties

Rita Power

Landlord

Frederick Cleary

Tenant

Mary Cleary

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Rita Power and Frederick and Mary Cleary contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

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