Caledonian Insurance Co/ Tenants of Grafton Arcade (Older leases) [1993] IECA 167 (3rd December, 1993)

Caledonian Insurance Co/ Tenants of Grafton Arcade (Older leases) [1993] IECA 167 (3rd December, 1993)

The notified leases, including their restrictive and exclusive user 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 and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 167
Parties
Notifier/lessor: Caledonian Insurance Company; Notified Parties/lessees: Tenants of Grafton Arcade (Older leases)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Lease Restrictions, Exclusive User Clauses
Competition Law Commercial Property Law Anti Competitive Agreements Lease Restrictions Exclusive User Clauses

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Parties

Caledonian Insurance Company

Notifier/lessor

Tenants of Grafton Arcade (Older leases)

Notified Parties/lessees

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified leases and their restrictive clauses offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified leases, including their restrictive and exclusive user 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 and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

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