Crumlin Investments Ltd/ Tenants at Crumlin S. C. [1993] IECA 48 (5th October, 1993)

Crumlin Investments Ltd/ Tenants at Crumlin S. C. [1993] IECA 48 (5th October, 1993)

The notified agreements, including 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 against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 48
Parties
Notifier/landlord: Crumlin Investments Ltd; Tenants: Tenants at Crumlin Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued: agreements do not offend against Section 4(1) of the Competition Act, 1991.
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses, Agreements Between Undertakings
Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Agreements Between Undertakings

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Parties

Crumlin Investments Ltd

Notifier/landlord

Tenants at Crumlin Shopping Centre

Tenants

Procedural Posture

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

Legal Issues

  1. 1 Whether the standard lease agreements between Crumlin Investments Ltd and tenants at Crumlin Shopping Centre offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified agreements, including 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 against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • Certificate issued confirming compliance with Section 4(1) of the Competition Act, 1991