Abbey Life Assurance (Ireland)Ltd/Hayes Bookshop Ltd [1993] IECA 173 (3rd December, 1993)
The lease agreement, including its restrictive 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 173
- Parties
- Notifier/lessor: Abbey Life Assurance (Ireland) Limited; Lessee: Hayes Bookshops Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Notification
- Outcome
- certificate granted
- Legal Topics
- Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Case Brief
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Parties
Abbey Life Assurance (Ireland) Limited
Notifier/lessor
Hayes Bookshops Ltd
Lessee
Procedural Posture
Competition Notification / Decision on Notification
Legal Issues
- 1 Whether the lease agreement between Abbey Life Assurance (Ireland) Limited and Hayes Bookshops Ltd contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991.
Ratio Decidendi
The lease agreement, including its restrictive 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 that the lease agreement does not offend Section 4(1) of the Competition Act 1991.
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