Santa Anita Estates Ltd/ Linabbey Ltd [1993] IECA 123 (13th October, 1993)

Santa Anita Estates Ltd/ Linabbey Ltd [1993] IECA 123 (13th 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 and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 123
Parties
Landlord: Santa Anita Estates Ltd; Tenant: Linabbey Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(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 Lease, Restrictive Covenants, Exclusive User Clauses, Section 4 Competition Act 1991
Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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Parties

Santa Anita Estates Ltd

Landlord

Linabbey Ltd

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Santa Anita Estates Ltd and Linabbey Ltd offends against 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 the State and therefore does not offend against 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

  • Certificate issued in favour of Santa Anita Estates Ltd and Linabbey Ltd regarding the lease of Unit 4, River Valley Shopping Centre, Swords, Co. Dublin.