Adam F.Torrie (Properties) Ltd/Tenants at Broad Street Shopping Centre, Waterford [1993] IECA 261 (15th December, 1993)

Adam F.Torrie (Properties) Ltd/Tenants at Broad Street Shopping Centre, Waterford [1993] IECA 261 (15th December, 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 the State or any part of the State and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 261
Parties
Notifier/landlord: Adam F. Torrie (Properties) Limited; Tenants: Tenants at Broad Street Shopping Centre, Waterford
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/assessment / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991
Outcome
Certificate issued: notified agreements do not offend against 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 Property Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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Parties

Adam F. Torrie (Properties) Limited

Notifier/landlord

Tenants at Broad Street Shopping Centre, Waterford

Tenants

Procedural Posture

Competition Authority Notification/assessment / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the notified leases and restrictive/exclusive user clauses prevent, restrict or distort competition contrary to 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 the State or any part of the State and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • Certificate issued under Section 4(4) of the Competition Act, 1991 confirming the notified agreements do not offend against Section 4(1).