Superquinn/Tenants at Superquinn S.C. Sutton [1993] IECA 121 (13th October, 1993)

Superquinn/Tenants at Superquinn S.C. Sutton [1993] IECA 121 (13th October, 1993)

The notified leases, including their restrictive and exclusive user clauses, do 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 do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 121
Parties
Notifier/lessor: Superquinn; Lessees: Tenants at Superquinn Shopping Centre, Sutton (including Hugh Crilly, trading as Crilly Shoe Repairs)
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate or Licence Under Competition Act, 1991
Outcome
Certificate issued that the agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses, Section 4 Competition Act 1991
Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Superquinn

Notifier/lessor

Tenants at Superquinn Shopping Centre, Sutton (including Hugh Crilly, trading as Crilly Shoe Repairs)

Lessees

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified leases and restrictive user clauses offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified leases, including their restrictive and exclusive user clauses, do 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 do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • Certificate issued under Section 4(4) of the Competition Act, 1991, for the notified leases at Superquinn Shopping Centre, Sutton.