Hoorn & Winkel (Ireland)/Tenants of Ballinteer S.C. [1993] IECA 150 (3rd December, 1993)

Hoorn & Winkel (Ireland)/Tenants of Ballinteer S.C. [1993] IECA 150 (3rd December, 1993)

The notified leases, including restrictive user clauses, do 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 and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 150
Parties
Notifier/landlord: Hoorn & Winkel (Ireland) Limited; Tenants: Tenants of Ballinteer Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) 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, Agreements Between Undertakings
Competition Law Property Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Agreements Between Undertakings

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Parties

Hoorn & Winkel (Ireland) Limited

Notifier/landlord

Tenants of Ballinteer Shopping Centre

Tenants

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the notified leases and restrictive user clauses offend against Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified leases, including restrictive user clauses, do 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 and therefore do not offend against Section 4(1) of the Competition Act, 1991.

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.