Riga Ltd/Tenants of Paul St. S.C., Cork [1993] IECA 227 (15th December, 1993)

Riga Ltd/Tenants of Paul St. S.C., Cork [1993] IECA 227 (15th December, 1993)

The notified leases and their restrictive 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 227
Parties
Notifier/landlord: Riga Limited; Tenants: Tenants of Paul Street Shopping Centre, Cork
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on 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, Restrictive Covenants, Section 4 Competition Act 1991, Agreements Between Undertakings
Competition Law Property Law Shopping Centre Leases Restrictive Covenants Section 4 Competition Act 1991 Agreements Between Undertakings

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Riga Limited

Notifier/landlord

Tenants of Paul Street Shopping Centre, Cork

Tenants

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

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

Ratio Decidendi

The notified leases and their restrictive 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: notified agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate granted under Section 4(4) of the Competition Act, 1991, for the notified leases between Riga Limited and the tenants of Paul Street Shopping Centre, Cork.