IBI Property Nominees Ltd/The Square Management Ltd/6 Tenants of the Square Towncentre, Tallaght [1993] IECA 211 (3rd December, 1993)

IBI Property Nominees Ltd/The Square Management Ltd/6 Tenants of the Square Towncentre, Tallaght [1993] IECA 211 (3rd December, 1993)

The notified leases, including restrictive and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State, as they allow for the location of competing outlets and do not restrict competition.

Citation
[1993] IECA 211
Parties
Notifier/landlord: IBI Property Nominees Ltd; Freeholder: The Square Management Ltd; Tenants: 6 tenants of The Square Towncentre, Tallaght
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued under Section 4(4) 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

IBI Property Nominees Ltd

Notifier/landlord

The Square Management Ltd

Freeholder

6 tenants of The Square Towncentre, Tallaght

Tenants

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified leases and their restrictive and exclusive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified leases, including restrictive and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State, as they allow for the location of competing outlets and do not restrict competition.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreements between The Square Management Ltd, IBI Property Nominees Ltd and their tenants in relation to the lease of premises at The Square Towncentre, Tallaght, Dublin 24 do not offend against Section 4(1) of the Competition Act, 1991.