Winchurch Investments Ltd/ Glenberg [1993] IECA 53 (5th October, 1993)

The notified lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 53
Parties: Landlord: Winchurch Investments 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 agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics: Shopping Centre Leases, Restrictive Covenants, Exclusive Use Clauses, Section 4 Competition Act 1991

Competition Law Shopping Centre Leases Restrictive Covenants Exclusive Use Clauses Section 4 Competition Act 1991

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Parties

Winchurch Investments 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 lease agreement between Winchurch Investments Limited and Glenberg, including restrictive and exclusive user clauses, offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

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

Orders

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