Wixted/Healy [1994] IECA 337 (14th June, 1994)

Wixted/Healy [1994] IECA 337 (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 in the State or any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 337
Parties
Landlord: Thomas Wixted; Tenant: Patrick Healy
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
Competition Law Property Law Lease Agreements Restrictive Covenants Anti Competitive Agreements

Case Brief

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Parties

Thomas Wixted

Landlord

Patrick Healy

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between Thomas Wixted and Patrick Healy contains provisions that prevent, restrict, or distort competition contrary to 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 or any part of 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 between Thomas Wixted and Patrick Healy in relation to the lease of a premises at 20a Lower Main Street, Arklow, Co. Wicklow does not offend against Section 4(1) of the Competition Act, 1991.