Guardian Assurance plc/The Square Management Ltd/L&C Properties Ltd Heatons Ltd [1993] IECA 208 (3rd December, 1993)

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

Citation: [1993] IECA 208
Parties: Notifier/lessee: Guardian Assurance plc; Freeholder: The Square Management Ltd; Landlord: L&C Properties Ltd; Tenant: Heatons Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome: Certificate issued; agreement does 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

Guardian Assurance plc

Notifier/lessee

The Square Management Ltd

Freeholder

L&C Properties Ltd

Landlord

Heatons Ltd

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

1 Whether the lease and its restrictive user clauses prevent, restrict or distort competition under Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

Court Disposition

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

Orders

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