Nabola Developments Ltd/Tenants of Maynooth S.C. [1993] IECA 132 (13th October, 1993)

Nabola Developments Ltd/Tenants of Maynooth S.C. [1993] IECA 132 (13th October, 1993)

The notified leases, including their restricted and exclusive user clauses and other standard restrictive covenants, 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 132
Parties
Notifier/landlord: Nabola Developments Ltd; Tenants/respondents: Tenants of Maynooth Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
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 Competition Act 1991
Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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Parties

Nabola Developments Ltd

Notifier/landlord

Tenants of Maynooth Shopping Centre

Tenants/respondents

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

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

Ratio Decidendi

The notified leases, including their restricted and exclusive user clauses and other standard restrictive covenants, 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: 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 notified agreements do not offend Section 4(1).