Royal Liver Trustees Ltd/Tenants at Royal Liver Assurance Park, Dublin [1993] IECA 184 (3rd December, 1993)

Royal Liver Trustees Ltd/Tenants at Royal Liver Assurance Park, Dublin [1993] IECA 184 (3rd December, 1993)

The standard lease agreement, including its restrictive user and assignment clauses, does not offend against Section 4(1) of the Competition Act 1991 because any reduction in diversity is offset by enhanced competition among concentrated retail activities of a generic kind at the retail park.

Citation
[1993] IECA 184
Parties
Notifier/landlord: Royal Liver Trustees Ltd; Tenants: Tenants at Royal Liver Assurance Park, Dublin
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
Certificate issued; agreement does not offend against Section 4(1) of the Competition Act 1991.
Legal Topics
Lease Agreements, Restrictive Covenants, Competition Act 1991, Retail Park Leases
Competition Law Property Law Lease Agreements Restrictive Covenants Competition Act 1991 Retail Park Leases

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Parties

Royal Liver Trustees Ltd

Notifier/landlord

Tenants at Royal Liver Assurance Park, Dublin

Tenants

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the standard lease agreement between Royal Liver Trustees Ltd and its tenants restricts, prevents, or distorts competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The standard lease agreement, including its restrictive user and assignment clauses, does not offend against Section 4(1) of the Competition Act 1991 because any reduction in diversity is offset by enhanced competition among concentrated retail activities of a generic kind at the retail park.

Court Disposition

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

Orders

  • Certificate granted stating the standard lease agreement does not offend against Section 4(1) of the Competition Act 1991.