Wilton Securities Ltd/ Glenberg [1993] IECA 64 (5th October, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State.

Citation: [1993] IECA 64
Parties: Landlord: Wilton Securities Limited; Tenant: Glenberg
Jurisdiction: Ireland
Procedural Posture: Competition Authority Decision / Certificate Issuance
Outcome: Certificate issued; agreement does 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

Wilton Securities Limited

Landlord

Glenberg

Tenant

Procedural Posture

Competition Authority Decision / Certificate Issuance

Legal Issues

1 Whether the lease agreement between Wilton Securities Limited and Glenberg violates Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease and its restrictive clauses do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State.

Court Disposition

Certificate issued; agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

The Competition Authority certifies that the lease agreement does not offend Section 4(1) of the Competition Act, 1991.