ArdenHeath Company Ltd/ Brendan and Sheila Doherty and Declan O'Brien [1993] IECA 92 (13th October, 1993)

ArdenHeath Company Ltd/ Brendan and Sheila Doherty and Declan O'Brien [1993] IECA 92 (13th October, 1993)

The lease, including its restricted and exclusive user clauses and other standard restrictive clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof.

Citation
[1993] IECA 92
Parties
Lessor: Ardenheath Company Ltd; Lessee: Brendan Doherty; Lessee: Sheila Doherty; Lessee: Declan O'Brien
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate granted
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

Ardenheath Company Ltd

Lessor

Brendan Doherty

Lessee

Sheila Doherty

Lessee

Declan O'Brien

Lessee

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The lease, including its restricted and exclusive user clauses and other standard restrictive clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof.

Court Disposition

certificate granted

Orders

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