Fuel Distributors/ J. Enright [1993] IECA 145 (18th November, 1993)

Fuel Distributors/ J. Enright [1993] IECA 145 (18th November, 1993)

The notified agreement, including the restrictive covenant, does not have the object or effect of preventing, restricting or distorting competition in the solid fuel market in the State or any part thereof, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 145
Parties
Applicant: Fuel Distributors Ltd; Respondent: Joseph Enright
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Restrictive Covenants, Sale of Property, Anti Competitive Agreements
Competition Law Restrictive Covenants Sale of Property Anti Competitive Agreements

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Parties

Fuel Distributors Ltd

Applicant

Joseph Enright

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the restrictive covenant in the sale of property agreement offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified agreement, including the restrictive covenant, does not have the object or effect of preventing, restricting or distorting competition in the solid fuel market in the State or any part thereof, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the agreement between Fuel Distributors Ltd and Joseph Enright in relation to the purchase of property at Le Fanu Road, Ballyfermot, Dublin does not offend against Section 4(1) of the Competition Act, 1991.