Airspace Investments Ltd/The Square; Management Ltd/5 Tenants of the Square Towncentre, Tallaght [1993] IECA 210 (3rd December, 1993)

The notified leases, including their restrictive and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State, and therefore do not offend against Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 210
Parties: Notifier/landlord: Airspace Investments Ltd; Freeholder: The Square Management Ltd; Tenants: 5 Tenants of The Square Towncentre, Tallaght
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome: certificate granted
Legal Topics: Anti Competitive Agreements, Restrictive Covenants, Leases, Exclusive User Clauses

Competition Law Anti Competitive Agreements Restrictive Covenants Leases Exclusive User Clauses

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Parties

Airspace Investments Ltd

Notifier/landlord

The Square Management Ltd

Freeholder

5 Tenants of The Square Towncentre, Tallaght

Tenants

Procedural Posture

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

Legal Issues

1 Whether the notified leases and restrictive user clauses prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

certificate granted

Orders

Certificate issued stating the agreements do not offend against Section 4(1) of the Competition Act, 1991.