Paul & Karl Dunleavy/ Patrick Sweeney [1993] IECA 65 (5th October, 1993)

Paul & Karl Dunleavy/ Patrick Sweeney [1993] IECA 65 (5th October, 1993)

The notified 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 or any part of the State.

Citation
[1993] IECA 65
Parties
Landlord: Paul Dunleavy; Landlord: Karl Dunleavy; Tenant: Patrick Sweeney
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clause
Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clause

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Paul Dunleavy

Landlord

Karl Dunleavy

Landlord

Patrick Sweeney

Tenant

Procedural Posture

Competition Authority Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between Paul and Karl Dunleavy and Patrick Sweeney violates Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified 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 or any part of the State.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement does not offend against Section 4(1) of the Competition Act 1991.