Albafare/Hubert O'Doherty [1993] IECA 97 (13th October, 1993)

Albafare/Hubert O'Doherty [1993] IECA 97 (13th October, 1993)

The Authority found that the lease, including its restricted 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 97
Parties
Landlord: Albafare; Tenant: Hubert O'Doherty
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of Competition Act 1991
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

Albafare

Landlord

Hubert O'Doherty

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Section 4 of Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between Albafare and Hubert O'Doherty contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The Authority found that the lease, including its restricted 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.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Albafare and Hubert O'Doherty does not offend against Section 4(1) of the Competition Act 1991.