Grittar/Lite Bite/Heatons [1993] IECA 154 (3rd December, 1993)

The notified lease, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 154
Parties: Notifier/landlord: Grittar; Associated Company/party to Lease: Light Bite; Tenant: Heatons Limited
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome: Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics: Shopping Centre Leases, Restrictive Covenants, Section 4(1) Competition Act 1991, Exclusive User Clauses

Competition Law Shopping Centre Leases Restrictive Covenants Section 4(1) Competition Act 1991 Exclusive User Clauses

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Parties

Grittar

Notifier/landlord

Light Bite

Associated Company/party to Lease

Heatons Limited

Tenant

Procedural Posture

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

Legal Issues

1 Whether the lease agreement between Grittar, Light Bite, and Heatons Limited offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

Certificate issued under Section 4(4) of the Competition Act, 1991.