Lillington Ltd and others/ 8 Tenants of Gleanageary Round-about Shops [1993] IECA 165 (3rd December, 1993)

Lillington Ltd and others/ 8 Tenants of Gleanageary Round-about Shops [1993] IECA 165 (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 trade in any goods or services in the State or any part of the State, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 165
Parties
Lessors: Lillington Limited and others (Michael James Donnolly, Padraig Doyle, Gerard Hanlon, Jeremiah Branally, James John Kelly); Lessees: 8 Tenants of Glenageary Roundabout Shops
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued that the 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

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Parties

Lillington Limited and others (Michael James Donnolly, Padraig Doyle, Gerard Hanlon, Jeremiah Branally, James John Kelly)

Lessors

8 Tenants of Glenageary Roundabout Shops

Lessees

Procedural Posture

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

Legal Issues

  1. 1 Whether the notified leases and restrictive user clauses offend 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 trade in any goods or services in the State or any part of the State, and therefore do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

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