Caledonian Insurance Co/ Tenants of Grafton Arcade (Newer leases) [1993] IECA 166 (3rd December, 1993)

The notified leases, including their restricted 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 Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 166
Parties: Notifier/lessor: Caledonian Insurance Company; Notified Party/lessees: Tenants of Grafton Arcade (Newer leases)
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification/assessment / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome: Certificate issued: 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 (Newer leases)

Notified Party/lessees

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Court Disposition

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

Orders

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