Grittar/David J Bolger [1994] IECA 345 (23rd June, 1994)

The restrictive covenant in the sale agreement does not offend Section 4(1) of the Competition Act, 1991, as it does not prevent, restrict, or distort competition within the State.

Citation: [1994] IECA 345
Parties: Vendor: Grittar; Purchaser: David J. Bolger
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Section 4(4) Competition Act, 1991
Outcome: certificate issued
Legal Topics: Restrictive Covenants, Exclusive User Clauses, Sale of Land, Anti Competitive Agreements

Competition Law Property Law Restrictive Covenants Exclusive User Clauses Sale of Land Anti Competitive Agreements

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Parties

Grittar

Vendor

David J. Bolger

Purchaser

Procedural Posture

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

Legal Issues

1 Whether restrictive covenants in a sale by lease agreement offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The restrictive covenant in the sale agreement does not offend Section 4(1) of the Competition Act, 1991, as it does not prevent, restrict, or distort competition within the State.

Court Disposition

certificate issued

Orders

The Competition Authority certifies that the agreement between Grittar and David J. Bolger does not offend against Section 4(1) of the Competition Act, 1991.