Eder Trust Company Ltd/D. Horkan Ltd [1993] IECA 46 (5th October, 1993)

Eder Trust Company Ltd/D. Horkan Ltd [1993] IECA 46 (5th October, 1993)

The lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 46
Parties
Landlord: Eder Trust Company Ltd; Tenant: D. Horkan Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Lease Agreements, Restrictive Covenants, Exclusive User Clauses, Section 4 Competition Act 1991
Competition Law Lease Agreements Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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Parties

Eder Trust Company Ltd

Landlord

D. Horkan Ltd

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement between Eder Trust Company Ltd and D. Horkan Ltd contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between Eder Trust Company Ltd and D. Horkan Ltd in relation to the lease of the premises at Laurel Lodge Shopping Centre, Castleknock, Dublin 15 does not offend against Section 4(1) of the Competition Act, 1991.