Royal Liver Trustees Ltd/Anika Enterprises Ltd [1993] IECA 181 (3rd December, 1993)

The notified lease agreement does not offend against Section 4(1) of the Competition Act 1991 because its restrictive user clauses and other covenants do not have the object or effect of preventing, restricting, or distorting competition in the State.

Citation: [1993] IECA 181
Parties: Notifier/landlord: Royal Liver Trustees Ltd; Tenant: Anika Enterprises Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome: certificate granted
Legal Topics: Lease Agreements, Restrictive Covenants, Exclusive User Clauses, Competition Act 1991

Competition Law Property Law Lease Agreements Restrictive Covenants Exclusive User Clauses Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Royal Liver Trustees Ltd

Notifier/landlord

Anika Enterprises Ltd

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

1 Whether the lease agreement between Royal Liver Trustees Ltd and Anika Enterprises Ltd offends Section 4(1) of the Competition Act 1991

Ratio Decidendi

Court Disposition

certificate granted

Orders

The Competition Authority certifies that the agreement between Royal Liver Trustees Ltd and Anika Enterprises Ltd in relation to the lease of Unit 7, Royal Liver Assurance Retail Park, Naas Road, Dublin 12 does not offend against Section 4(1) of the Competition Act 1991.