G.D. Investments (Galway) Ltd/Divilly (Galway Leading Butchers) [1993] IECA 66 (5th October, 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 the State or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 66
Parties: Lessor: G. D. Investments (Galway) Ltd; Lessee: Divilly's (Galways Leading Butchers) Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification/decision / Decision on Notification for Certificate or Licence Under Section 4 of the Competition Act, 1991
Outcome: Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics: Shopping Centre Lease, Exclusive User Clauses, Restrictive Covenants, Section 4 Competition Act 1991

Competition Law Shopping Centre Lease Exclusive User Clauses Restrictive Covenants Section 4 Competition Act 1991

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Parties

G. D. Investments (Galway) Ltd

Lessor

Divilly's (Galways Leading Butchers) Ltd

Lessee

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate or Licence Under Section 4 of the Competition Act, 1991

Legal Issues

1 Whether the lease agreement between G. D. Investments (Galway) Ltd and Divilly's (Galways Leading Butchers) Ltd offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

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

Orders

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