Urban Developments Ltd/ Glenberg [1993] IECA 204 (3rd December, 1993)

The notified agreements, including 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 against Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 204
Parties: Landlord: Urban Developments Limited; Tenant: Glenberg
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991
Outcome: Certificate issued that the agreements do not offend against 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 Property Law Shopping Centre Leases Restrictive Covenants Exclusive User Clauses Section 4 Competition Act 1991

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Parties

Urban Developments Limited

Landlord

Glenberg

Tenant

Procedural Posture

Competition Authority Notification / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

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

Ratio Decidendi

Court Disposition

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

Orders

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