Superquinn/Tenants at Superquinn S. C., Blanchardstown [1993] IECA 45 (5th October, 1993)

Superquinn/Tenants at Superquinn S. C., Blanchardstown [1993] IECA 45 (5th October, 1993)

The Competition Authority determined that the standard shopping centre 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 thereof.

Citation
[1993] IECA 45
Parties
Lessor: Superquinn Ltd; Lessee: Tenants of Superquinn Shopping Centre, Blanchardstown
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision
Outcome
Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses
Competition Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses

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Parties

Superquinn Ltd

Lessor

Tenants of Superquinn Shopping Centre, Blanchardstown

Lessee

Procedural Posture

Competition Authority Notification / Decision

Legal Issues

  1. 1 Whether the standard shopping centre leases between Superquinn and its tenants offend Section 4(1) of the Competition Act 1991

Ratio Decidendi

The Competition Authority determined that the standard shopping centre 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 thereof.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreements between Superquinn and the tenants in relation to the lease of shop units at Superquinn Shopping Centre, Blanchardstown, Co. Dublin do not offend against Section 4(1) of the Competition Act, 1991.