Dartgate Ltd/Tenants at Shankill S.C. [1993] IECA 117 (13th October, 1993)

Dartgate Ltd/Tenants at Shankill S.C. [1993] IECA 117 (13th October, 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 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 117
Parties
Notifier/landlord: Dartgate Ltd; Tenants: Tenants at Shankill Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4 of the Competition Act 1991
Outcome
Certificate issued that the agreements do not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Rights, Section 4 Competition Act 1991
Competition Law Commercial Property Law Shopping Centre Leases Restrictive Covenants Exclusive User Rights Section 4 Competition Act 1991

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Parties

Dartgate Ltd

Notifier/landlord

Tenants at Shankill Shopping Centre

Tenants

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified leases and their 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 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 that the agreements do not offend Section 4(1) of the Competition Act 1991.

Orders

  • Certificate issued in favour of Dartgate Ltd and tenants at Shankill Shopping Centre.