Denis Farrell/Peter Mark [1993] IECA 72 (5th October, 1993)

Denis Farrell/Peter Mark [1993] IECA 72 (5th October, 1993)

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

Citation
[1993] IECA 72
Parties
Lessor: Denis Farrell; Lessee: Peter Mark
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate issued
Legal Topics
Exclusive Use Clauses, Restrictive Covenants, Anti Competitive Agreements, Lease Agreements
Competition Law Property Law Exclusive Use Clauses Restrictive Covenants Anti Competitive Agreements Lease Agreements

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Parties

Denis Farrell

Lessor

Peter Mark

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Denis Farrell and Peter Mark contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

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

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Denis Farrell and Peter Mark in relation to the lease of the premises at Market Yard, St. Kieran's Street, Kilkenny does not offend against Section 4(1) of the Competition Act, 1991.