William Neville & Sons Ltd/ John Sutton [1993] IECA 88 (5th October, 1993)

William Neville & Sons Ltd/ John Sutton [1993] IECA 88 (5th October, 1993)

The notified letting agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 88
Parties
Landlord: William Neville & Sons Limited; Tenant: John Sutton
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate issued
Legal Topics
Exclusive Letting Agreement, Restrictive Covenants, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Exclusive Letting Agreement Restrictive Covenants Anti Competitive Agreements Section 4 Competition Act 1991

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Parties

William Neville & Sons Limited

Landlord

John Sutton

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the letting agreement and its restrictive/exclusive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified letting agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or any part of the State, and therefore does not offend against 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.