T O'Muire, etc/Toscarva Res [1994] IECA 340 (14th June, 1994)

T O'Muire, etc/Toscarva Res [1994] IECA 340 (14th June, 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 within the State and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1994] IECA 340
Parties
Landlord: Toal O'Muire; Landlord: John Smyth; Landlord: David Kavanagh; Lessee: Toscarva Rest Ltd
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate Under Competition Act 1991 / Decision
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Anti Competitive Practices
Competition Law Property Law Lease Agreements Restrictive Covenants Anti Competitive Practices

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Parties

Toal O'Muire

Landlord

John Smyth

Landlord

David Kavanagh

Landlord

Toscarva Rest Ltd

Lessee

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision

Legal Issues

  1. 1 Whether the lease agreement contains provisions that prevent, restrict, or distort competition under 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 within 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.