Five Star Supermarket/C&W Properties and Five Supermarket/Gerald & Margaret Conway [1993] IECA 82 (5th 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 the State or any part thereof and therefore do not offend against Section 4(1) of the Competition Act 1991.

Citation: [1993] IECA 82
Parties: Lessor: Five Star Supermarket; Lessee: C&W Properties Ltd; Lessee: Gerald and Margaret Conway
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification/decision / Decision on Certificate Under Section 4 of the 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, Section 4 Competition Act 1991

Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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Parties

Five Star Supermarket

Lessor

C&W Properties Ltd

Lessee

Gerald and Margaret Conway

Lessee

Procedural Posture

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

Legal Issues

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

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.