Allied Irish Investment Managers/Derrigowen Ltd [1993] IECA 96 (13th October, 1993)

Allied Irish Investment Managers/Derrigowen Ltd [1993] IECA 96 (13th October, 1993)

The 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 96
Parties
Landlord: Allied Irish Investment Managers (now AIB Investment Managers Ltd); Tenant: Darrigowen Ltd (trading as Abbey Mall)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(2) Competition Act 1991
Outcome
Certificate issued: agreement does not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Anti Competitive Agreements, Lease Restrictions, Exclusive User Clauses
Competition Law Commercial Property Law Anti Competitive Agreements Lease Restrictions Exclusive User Clauses

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Parties

Allied Irish Investment Managers (now AIB Investment Managers Ltd)

Landlord

Darrigowen Ltd (trading as Abbey Mall)

Tenant

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(2) Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between AIIM and Darrigowen Ltd contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The 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.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between Allied Irish Investment Managers and Darrigowen Ltd in relation to the lease of the premises at The Mall, Donnybrook, Dublin 4 does not offend against Section 4(1) of the Competition Act, 1991.