Glenhest Developments Ltd/ Glenberg [1993] IECA 205 (3rd December, 1993)

Glenhest Developments Ltd/ Glenberg [1993] IECA 205 (3rd December, 1993)

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

Citation
[1993] IECA 205
Parties
Lessor: Glenhest Developments Limited; Lessee: Glenberg
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(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(1) Competition Act 1991
Competition Law Lease Agreements Restrictive Covenants Exclusive User Clauses Section 4(1) Competition Act 1991

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Parties

Glenhest Developments Limited

Lessor

Glenberg

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Glenhest Developments Limited and Glenberg has the object or effect of preventing, restricting or distorting competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or in any part of the State, and therefore does not offend against 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 Glenhest Developments Limited and Glenberg in relation to the lease of the premises at Sutton Cross Centre, Sutton, Dublin 13 does not offend against Section 4(1) of the Competition Act, 1991.