Ging and Lyons/Five Star/Tenants at Drumcondra Rd [1994] IECA 280 (4th February, 1994)

Ging and Lyons/Five Star/Tenants at Drumcondra Rd [1994] IECA 280 (4th February, 1994)

The notified lease agreements, including their restrictive covenants, do not offend against Section 4(1) of the Competition Act, 1991, as they do not prevent, restrict or distort competition.

Citation
[1994] IECA 280
Parties
Superior Landlord: Leonard Ging; Superior Landlord: Henry J. Lyons; Tenant and Landlord: Five Star Supermarket; Tenants: Tenants at Drumcondra Road (including Michael McInerney and Eileen White)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate or Licence Under Competition Act 1991
Outcome
Certificate issued: agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Restrictive Covenants in Leases, Agreements Between Undertakings, Section 4 Competition Act 1991, Permitted User Clauses
Competition Law Landlord and Tenant Law Restrictive Covenants in Leases Agreements Between Undertakings Section 4 Competition Act 1991 Permitted User Clauses

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Parties

Leonard Ging

Superior Landlord

Henry J. Lyons

Superior Landlord

Five Star Supermarket

Tenant and Landlord

Tenants at Drumcondra Road (including Michael McInerney and Eileen White)

Tenants

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate or Licence Under Competition Act 1991

Legal Issues

  1. 1 Whether restrictive covenants in long leases offend Section 4(1) of the Competition Act, 1991
  2. 2 Whether the notified agreements restrict, prevent or distort competition

Ratio Decidendi

The notified lease agreements, including their restrictive covenants, do not offend against Section 4(1) of the Competition Act, 1991, as they do not prevent, restrict or distort competition.

Court Disposition

Certificate issued: agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the agreements notified do not offend against Section 4(1) of the Competition Act, 1991.