Mount Juliet/David Leadbetter Golf Academy Inc. [1994] IECA 355 (19th September, 1994)

Mount Juliet/David Leadbetter Golf Academy Inc. [1994] IECA 355 (19th September, 1994)

The exclusivity and confidentiality clauses do not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, as they are practical, do not prevent other providers from operating nearby, and protect legitimate business interests.

Citation
[1994] IECA 355
Parties
Applicant: Mount Juliet; Applicant: David Leadbetter Golf Academy Inc.
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Exclusivity Agreements, Confidentiality Clauses, Restriction of Competition
Competition Law Exclusivity Agreements Confidentiality Clauses Restriction of Competition

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Parties

Mount Juliet

Applicant

David Leadbetter Golf Academy Inc.

Applicant

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether exclusivity and confidentiality clauses in the agreement restrict competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The exclusivity and confidentiality clauses do not restrict competition within the meaning of Section 4(1) of the Competition Act, 1991, as they are practical, do not prevent other providers from operating nearby, and protect legitimate business interests.

Court Disposition

certificate issued; agreement does not offend Section 4(1)

Orders

  • The Competition Authority certifies that the agreement dated 8 February 1994 between Mount Juliet and David Leadbetter Golf Academy Inc. does not offend against Section 4(1) of the Competition Act, 1991.