Arch Properties/ Noel McManus [1993] IECA 115 (13th October, 1993)

Arch Properties/ Noel McManus [1993] IECA 115 (13th October, 1993)

The lease, including its exclusive and restricted user clauses, does not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State or any part of the State, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 115
Parties
Landlord: Arch Properties Ltd; Tenant: Noel McManus
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Retail Leases
Competition Law Anti Competitive Agreements Exclusive User Clauses Retail Leases

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Parties

Arch Properties Ltd

Landlord

Noel McManus

Tenant

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The lease, including its exclusive and restricted user clauses, does not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State or any part of the State, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

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