Edson Investments Ltd/Tenants of Mullingar S. Centre, Fairgreen [1993] IECA 264 (15th December, 1993)

Edson Investments Ltd/Tenants of Mullingar S. Centre, Fairgreen [1993] IECA 264 (15th December, 1993)

The notified leases, including their restricted and exclusive user clauses and other standard restrictive covenants, 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 264
Parties
Notifier/lessor: Edson Investments Ltd; Tenants/lessees: Tenants of Mullingar Shopping Centre, Fairgreen
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Competition Act 1991
Outcome
Certificate issued: notified agreements do not offend section 4(1) of the Competition Act 1991.
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses, Competition Act 1991 Section 4
Competition Law Property Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Competition Act 1991 Section 4

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Parties

Edson Investments Ltd

Notifier/lessor

Tenants of Mullingar Shopping Centre, Fairgreen

Tenants/lessees

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the notified leases and restrictive covenants offend against section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified leases, including their restricted and exclusive user clauses and other standard restrictive covenants, 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: notified agreements do not offend section 4(1) of the Competition Act 1991.

Orders

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