Murray/O'Connell [1993] IECA 30 (9th September, 1993)

Murray/O'Connell [1993] IECA 30 (9th September, 1993)

The restricted user clause and other standard restrictive covenants in the tenancy agreement and draft lease do not have the object or effect of preventing, restricting or distorting competition in trade in services in the State or any part thereof.

Citation
[1993] IECA 30
Parties
Landlord: James Murray; Tenant: Len O'Connell; Tenant: John O'Connell
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Restrictive Covenants, Tenancy Agreements, Anti Competitive Agreements
Competition Law Restrictive Covenants Tenancy Agreements Anti Competitive Agreements

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Parties

James Murray

Landlord

Len O'Connell

Tenant

John O'Connell

Tenant

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the tenancy agreement and draft lease contain restrictions that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The restricted user clause and other standard restrictive covenants in the tenancy agreement and draft lease do not have the object or effect of preventing, restricting or distorting competition in trade in services in the State or any part thereof.

Court Disposition

certificate granted

Orders

  • Certificate issued that the agreements do not offend Section 4(1) of the Competition Act, 1991.