Shannon Aerospace/AIB [1994] IECA 294 (10th March, 1994)

Shannon Aerospace/AIB [1994] IECA 294 (10th March, 1994)

The exclusive user clause in the lease does not offend Section 4(1) of the Competition Act, 1991, as it does not restrict competition given the ATM's accessibility to customers of other banks and the context of the arrangement.

Citation
[1994] IECA 294
Parties
Landlord: Shannon Aerospace Limited; Tenant: Allied Irish Banks PLC
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Issuance of Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive User Clauses, Lease Agreements, Automated Teller Machines (atm), Section 4 Competition Act 1991
Competition Law Exclusive User Clauses Lease Agreements Automated Teller Machines (atm) Section 4 Competition Act 1991

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Parties

Shannon Aerospace Limited

Landlord

Allied Irish Banks PLC

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusive user clause in the lease agreement offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The exclusive user clause in the lease does not offend Section 4(1) of the Competition Act, 1991, as it does not restrict competition given the ATM's accessibility to customers of other banks and the context of the arrangement.

Court Disposition

Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

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