AIB Investment Nominees Ltd/The Square Management Ltd/29 Tenants of the Square, Tallaght [1993] IECA 213 (3rd December, 1993)
The notified leases, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State, as they allow for the location of competing outlets and do not restrict competition.
- Citation
- [1993] IECA 213
- Parties
- Notifier/landlord: AIB Investment Nominees Ltd; Freeholder: The Square Management Ltd; Tenants: 29 Tenants of The Square, Tallaght
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Certificate Under Competition Act 1991
- Outcome
- certificate granted
- Legal Topics
- Anti Competitive Agreements, Shopping Centre Leases, Restricted User Clauses
Case Brief
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Parties
AIB Investment Nominees Ltd
Notifier/landlord
The Square Management Ltd
Freeholder
29 Tenants of The Square, Tallaght
Tenants
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Legal Issues
- 1 Whether the notified leases and their restrictive clauses prevent, restrict, or distort competition under Section 4(1) of the Competition Act, 1991
Ratio Decidendi
The notified leases, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State, as they allow for the location of competing outlets and do not restrict competition.
Court Disposition
certificate granted
Orders
- Certificate issued stating the notified agreements do not offend Section 4(1) of the Competition Act, 1991.
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