Michael Reilly & Sons Ltd (now Nabol Developments Ltd)/ Doyles Shoe Centre Ltd [1993] IECA 239 (15th December, 1993)

Michael Reilly & Sons Ltd (now Nabol Developments Ltd)/ Doyles Shoe Centre Ltd [1993] IECA 239 (15th December, 1993)

The notified lease, 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 any part of the State, and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 239
Parties
Landlord: Michael Reilly and Sons Ltd (now Nabola Developments Ltd); Tenant: Doyles Shoe Centre Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

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Parties

Michael Reilly and Sons Ltd (now Nabola Developments Ltd)

Landlord

Doyles Shoe Centre Ltd

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified lease, 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 any part of the State, 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 Michael Reilly and Sons Ltd (now Nabola Developments Ltd) and Doyles Shoe Centre Ltd in relation to the lease of Units 3 and 4 Maynooth Shopping Centre does not offend against Section 4(1) of the Competition Act 1991.