Clondalkin Properties Ltd/Thomas Farren [1993] IECA 158 (3rd December, 1993)

Clondalkin Properties Ltd/Thomas Farren [1993] IECA 158 (3rd December, 1993)

The lease agreement, 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.

Citation
[1993] IECA 158
Parties
Lessor: Clondalkin Properties Limited; Lessee: Thomas Farren
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Certificate Issuance
Outcome
Certificate issued
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses
Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses

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Parties

Clondalkin Properties Limited

Lessor

Thomas Farren

Lessee

Procedural Posture

Competition Authority Notification / Certificate Issuance

Legal Issues

  1. 1 Whether the lease agreement contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease agreement, 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.

Court Disposition

Certificate issued

Orders

  • The Competition Authority certifies that the lease agreement does not offend Section 4(1) of the Competition Act 1991.