Interfit Ltd/ The Tenants of Portmarnock S.C [1993] IECA 193 (3rd December, 1993)

The notified lease agreements, including their restrictive user and assignment clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof, and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 193
Parties: Landlord: Interfit Limited; Tenant: Tenants of units 3, 4 and 5 of Portmarnock Shopping Centre
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome: Certificate issued: agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics: Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses, Section 4(1) Competition Act 1991

Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Section 4(1) Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

Interfit Limited

Landlord

Tenants of units 3, 4 and 5 of Portmarnock Shopping Centre

Tenant

Procedural Posture

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

Legal Issues

1 Whether the lease agreements between Interfit Limited and the tenants contain clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

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

Orders

Certificate issued under Section 4(4) of the Competition Act, 1991, confirming the agreements do not offend Section 4(1).