Elkinsons/ Bushes [1994] IECA 276 (4th February, 1994)

The notified lease agreement, including its restrictive user clauses and assignment provisions, does not have the object or effect of preventing, restricting or distorting competition within the State or any part of it, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation: [1994] IECA 276
Parties: Landlord: Cecil and Bella Elkinson, Adeline Jacob and Ivor Elkinson; Tenant: Damien and Mary Bushe
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome: certificate granted; agreement does not offend Competition Act
Legal Topics: Lease Agreements, Restrictive Covenants, Permitted User Clauses, Anti Competitive Agreements

Competition Law Property Law Lease Agreements Restrictive Covenants Permitted User Clauses Anti Competitive Agreements

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Parties

Cecil and Bella Elkinson, Adeline Jacob and Ivor Elkinson

Landlord

Damien and Mary Bushe

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

1 Whether the lease agreement contains provisions that prevent, restrict or distort competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

certificate granted; agreement does not offend Competition Act

Orders

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