Killiney S.C. Management Co Ltd/Tenants of Killiney [1993] IECA 169 (3rd December, 1993)

The notified leases, including their 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 169
Parties: Notifier/lessor: Killiney Shopping Centre Management Company Limited; Tenants/lessees: Tenants of Killiney Shopping Centre
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification/assessment / Decision on Notification for Certificate Under Competition Act 1991
Outcome: Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act 1991.
Legal Topics: Shopping Centre Leases, Exclusive User Clauses, Restrictive Covenants, Section 4 Competition Act 1991

Competition Law Property Law Shopping Centre Leases Exclusive User Clauses Restrictive Covenants Section 4 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 3 Party arguments 2

Parties

Killiney Shopping Centre Management Company Limited

Notifier/lessor

Tenants of Killiney Shopping Centre

Tenants/lessees

Procedural Posture

Competition Authority Notification/assessment / Decision on Notification for Certificate Under Competition Act 1991

Legal Issues

1 Whether the leases and their restrictive/exclusive user clauses offend Section 4(1) of the Competition Act 1991

Ratio Decidendi

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.