Merrion Shopping Centre Ltd and Abbey Life Assurance (Ireland) Ltd, Pesenta, Dunloe House Group plc, Holland Brooklands Ltd, Irish Life Assurance plc/ 26 tenants of Merrion Shopping Centre [1993] IECA 178 (3rd December, 1993)

Merrion Shopping Centre Ltd and Abbey Life Assurance (Ireland) Ltd, Pesenta, Dunloe House Group plc, Holland Brooklands Ltd, Irish Life Assurance plc/ 26 tenants of Merrion Shopping Centre [1993] IECA 178 (3rd December, 1993)

The Authority found that the standard 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, and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 178
Parties
Management Company: Merrion Shopping Centre Ltd; Landlord: Abbey Life Assurance (Ireland) Ltd; Landlord: Pesenta; Landlord: Dunloe House Group plc; Landlord: Holland Brooklands Ltd; Landlord: Irish Life Assurance plc; Tenant: 26 tenants of Merrion Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Certificate Issued
Outcome
Certificate issued; 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

Merrion Shopping Centre Ltd

Management Company

Abbey Life Assurance (Ireland) Ltd

Landlord

Pesenta

Landlord

Dunloe House Group plc

Landlord

Holland Brooklands Ltd

Landlord

Irish Life Assurance plc

Landlord

26 tenants of Merrion Shopping Centre

Tenant

Procedural Posture

Competition Authority Notification / Certificate Issued

Legal Issues

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

Ratio Decidendi

The Authority found that the standard 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, and therefore does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the standard lease agreement does not offend Section 4(1) of the Competition Act 1991.