Michael Kavanagh/D Horkan Ltd [1993] IECA 191 (3rd December, 1993)

Michael Kavanagh/D Horkan Ltd [1993] IECA 191 (3rd December, 1993)

The notified lease agreement, including exclusive user clauses and restrictive covenants, does not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State.

Citation
[1993] IECA 191
Parties
Lessor: Michael Kavanagh; Lessee: D. Horkan Limited
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate Under Competition Act 1991 / Decision by Competition Authority
Outcome
certificate issued
Legal Topics
Exclusive User Clauses, Shopping Centre Leases, Restrictive Covenants
Competition Law Exclusive User Clauses Shopping Centre Leases Restrictive Covenants

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
Sign in to unlock

Parties

Michael Kavanagh

Lessor

D. Horkan Limited

Lessee

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision by Competition Authority

Legal Issues

  1. 1 Whether the lease agreement between Michael Kavanagh and D. Horkan Limited offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified lease agreement, including exclusive user clauses and restrictive covenants, does not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between D. Horkan Limited and Michael Kavanagh does not offend against Section 4(1) of the Competition Act, 1991.