Vallbury/Cassidys [1994] IECA 318 (21st April, 1994)

Vallbury/Cassidys [1994] IECA 318 (21st April, 1994)

The restricted user clause in the sale agreement does not have the object or effect of preventing, restricting or distorting competition in any part of the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 318
Parties
Vendor: Vallbury Limited; Purchaser: Cassidys Family Pharmacies Limited
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate or Licence Under Competition Act, 1991 / Decision on Notification
Outcome
certificate issued
Legal Topics
Exclusive User Clauses, Shopping Centre Leases, Sale Agreements, Restricted User Covenants
Competition Law Exclusive User Clauses Shopping Centre Leases Sale Agreements Restricted User Covenants

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Parties

Vallbury Limited

Vendor

Cassidys Family Pharmacies Limited

Purchaser

Procedural Posture

Notification for Certificate or Licence Under Competition Act, 1991 / Decision on Notification

Legal Issues

  1. 1 Whether the sale agreement with restricted user clause offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The restricted user clause in the sale agreement does not have the object or effect of preventing, restricting or distorting competition in any part of the State 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 does not offend against Section 4(1) of the Competition Act, 1991.