Holland Brooklands Ltd/Abbey Life Assurance (Ireland) [1993] IECA 172 (3rd December, 1993)

The Authority found that the lease, including its restrictive and exclusive user clauses, does 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.

Citation: [1993] IECA 172
Parties: Lessor: Holland Brooklands Ltd; Lessee: Abbey Life Assurance (Ireland) Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Certificate Under Section 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, Exclusive User Clauses, Section 4 Competition Act 1991

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

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Parties

Holland Brooklands Ltd

Lessor

Abbey Life Assurance (Ireland) Ltd

Lessee

Procedural Posture

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

Legal Issues

1 Whether the lease agreement contains clauses that prevent, restrict or distort competition contrary to 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.