Roches Stores Dublin Ltd [1993] IECA 37 (5th October, 1993)

Roches Stores Dublin Ltd [1993] IECA 37 (5th October, 1993)

The 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 37
Parties
Landlord: Roches Stores Dublin Limited; Tenant: Peter Mark
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses
Competition Law Commercial Property Shopping Centre Leases Restrictive Covenants Exclusive User Clauses

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 Amounts and remedies 2
Sign in to unlock

Parties

Roches Stores Dublin Limited

Landlord

Peter Mark

Tenant

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement between Roches Stores Dublin Limited and Peter Mark offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The 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 Roches Stores Dublin Limited and Peter Mark in relation to the lease of Unit 1, Frascati Shopping Centre, Blackrock, Co Dublin, does not offend against Section 4(1) of the Competition Act, 1991.