ArdenHeath Company Ltd / Colm Stanley [1993] IECA 91 (13th October, 1993)

ArdenHeath Company Ltd / Colm Stanley [1993] IECA 91 (13th October, 1993)

The lease, including its restricted user clauses and other standard restrictive covenants, 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.

Citation
[1993] IECA 91
Parties
Lessor: Ardenheath Company Limited; Lessee: Colm Stanley
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Competition Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

Ardenheath Company Limited

Lessor

Colm Stanley

Lessee

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between Ardenheath Company Limited and Colm Stanley 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 user clauses and other standard restrictive covenants, 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.

Court Disposition

certificate issued

Orders

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