Patrick Kennedy/Michael & Bridget Brady [1993] IECA 238 (15th December, 1993)

Patrick Kennedy/Michael & Bridget Brady [1993] IECA 238 (15th December, 1993)

The inclusion of restricted user covenants in agreements for the sale or transfer of landlord or lessee interests in shopping centre leases does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or in any part of the State, and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 238
Parties
Transferor: Patrick Kennedy; Transferee: Michael Brady; Transferee: Bridget Brady
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) Competition Act 1991
Outcome
certificate granted
Legal Topics
Exclusive User Clause, Shopping Centre Leases, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Exclusive User Clause Shopping Centre Leases Anti Competitive Agreements Section 4 Competition Act 1991

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Parties

Patrick Kennedy

Transferor

Michael Brady

Transferee

Bridget Brady

Transferee

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4(4) Competition Act 1991

Legal Issues

  1. 1 Whether the transfer agreement containing an exclusive user clause offends Section 4(1) of the Competition Act 1991

Ratio Decidendi

The inclusion of restricted user covenants in agreements for the sale or transfer of landlord or lessee interests in shopping centre leases does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or in any part of the State, and therefore does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate granted

Orders

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