Michael Kavanagh/D Horkan Ltd [1993] IECA 190 (3rd December, 1993)

Michael Kavanagh/D Horkan Ltd [1993] IECA 190 (3rd December, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State; therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 190
Parties
Landlord: Michael Kavanagh; Tenant: D. Horkan Ltd
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate Under Competition Act 1991 / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Competition Law Property Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

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Parties

Michael Kavanagh

Landlord

D. Horkan Ltd

Tenant

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision

Legal Issues

  1. 1 Whether the lease agreement between Michael Kavanagh and D. Horkan Ltd offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State; therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Michael Kavanagh and D. Horkan Ltd does not offend Section 4(1) of the Competition Act, 1991.