Richfield Investments Ltd/ The Governor & Co. of The Bank Ireland [1993] IECA 76 (5th October, 1993)

Richfield Investments Ltd/ The Governor & Co. of The Bank Ireland [1993] IECA 76 (5th October, 1993)

The Authority found that the notified agreements, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting or distorting competition in the State, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 76
Parties
Landlord: Richfield Investments Ltd; Tenant: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991
Outcome
Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive User Clauses, Restrictive Covenants, Shopping Centre Leases, Section 4 Competition Act 1991
Competition Law Commercial Property Law Exclusive User Clauses Restrictive Covenants Shopping Centre Leases Section 4 Competition Act 1991

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Parties

Richfield Investments Ltd

Landlord

The Governor and Company of the Bank of Ireland

Tenant

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreements between Richfield Investments Ltd and the Bank of Ireland contain clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Authority found that the notified agreements, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting or distorting competition in the State, and therefore do not offend 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.