Cybury Ltd/Tenants of Walkinstown S. C. [1993] IECA 125 (13th October, 1993)

Cybury Ltd/Tenants of Walkinstown S. C. [1993] IECA 125 (13th October, 1993)

The notified leases, including restrictive 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. Therefore, they do not offend against Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 125
Parties
Notifier/landlord: Cybury Ltd; Tenants: Tenants of Walkinstown Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act 1991
Outcome
Certificate granted
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Section 4 Competition Act 1991
Competition Law Shopping Centre Leases Restrictive Covenants Section 4 Competition Act 1991

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Parties

Cybury Ltd

Notifier/landlord

Tenants of Walkinstown Shopping Centre

Tenants

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified leases and restrictive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified leases, including restrictive 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. Therefore, they do not offend against Section 4(1) of the Competition Act 1991.

Court Disposition

Certificate granted

Orders

  • Certificate issued stating the notified agreements do not offend Section 4(1) of the Competition Act 1991