G.D. Investments (Galway) Ltd/Michael Breen [1993] IECA 235 (15th December, 1993)

G.D. Investments (Galway) Ltd/Michael Breen [1993] IECA 235 (15th December, 1993)

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

Citation
[1993] IECA 235
Parties
Lessor: G. D. Investments (Galway) Ltd; Lessee: Michael Breen
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
Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses

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Parties

G. D. Investments (Galway) Ltd

Lessor

Michael Breen

Lessee

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between G. D. Investments (Galway) Ltd and Michael Breen offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

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

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between G. D. Investments (Galway) Ltd and Michael Breen in relation to the lease of the premises at Westside Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.