Drakebury Construction Ltd/Investor Landlords/Tenants of Eyre Square Centre, Galway [1993] IECA 232 (15th December, 1993)

Drakebury Construction Ltd/Investor Landlords/Tenants of Eyre Square Centre, Galway [1993] IECA 232 (15th December, 1993)

The notified agreements, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services in the State or any part thereof.

Citation
[1993] IECA 232
Parties
Freeholder/landlord: Drakebury Construction Ltd; Immediate Landlords: Investor Landlords; Tenants: Tenants of Eyre Square Centre, Galway
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

Drakebury Construction Ltd

Freeholder/landlord

Investor Landlords

Immediate Landlords

Tenants of Eyre Square Centre, Galway

Tenants

Procedural Posture

Competition Authority Notification / Certificate Issuance

Legal Issues

  1. 1 Whether the standard lease agreements and restrictive user clauses offend section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified agreements, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services in the State or any part thereof.

Court Disposition

Certificate issued

Orders

  • The Competition Authority certifies that the agreements do not offend against Section 4(1) of the Competition Act 1991.