Hoorn & Winkel/Esmonde [1994] IECA 306 (21st April, 1994)

Hoorn & Winkel/Esmonde [1994] IECA 306 (21st April, 1994)

The lease agreement, including its restrictive covenants and permitted user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 306
Parties
Landlord: Hoorn & Winkel (Irl) Ltd; Tenant: Esmonde Motors Ltd
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate Under Competition Act 1991 / Decision by Competition Authority
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Anti Competitive Agreements
Competition Law Property Law Lease Agreements Restrictive Covenants Anti Competitive Agreements

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Parties

Hoorn & Winkel (Irl) Ltd

Landlord

Esmonde Motors Ltd

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Hoorn & Winkel and Esmonde Motors contains provisions that offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease agreement, including its restrictive covenants and permitted user clauses, does not have the object or effect of preventing, restricting, or distorting competition in 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 between Hoorn & Winkel (Irl) Ltd and Esmonde Motors Ltd does not offend against Section 4(1) of the Competition Act, 1991.