Grant/ Power Leisure [1994] IECA 278 (4th February, 1994)

Grant/ Power Leisure [1994] IECA 278 (4th February, 1994)

The notified lease agreement, including its user restrictions and covenants, does not have the object or effect of preventing, restricting or distorting competition within the State and therefore does not offend against section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 278
Parties
Landlord: Michael and Veronica Grant; Tenant: Power Leisure Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Anti Competitive Agreements, Permitted User Clauses
Competition Law Landlord and Tenant Law Lease Agreements Restrictive Covenants Anti Competitive Agreements Permitted User Clauses

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Parties

Michael and Veronica Grant

Landlord

Power Leisure Ltd

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement contains provisions that prevent, restrict or distort competition contrary to section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified lease agreement, including its user restrictions and covenants, does not have the object or effect of preventing, restricting or distorting competition within the State and therefore does not offend against 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.