Cartron Village Management Co Ltd / Stateline Enterprises [1993] IECA 83 (5th October, 1993)

Cartron Village Management Co Ltd / Stateline Enterprises [1993] IECA 83 (5th October, 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 trade in any goods or services in the State or any part of the State, and therefore do not offend against Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 83
Parties
Lessor: Cartron Village Management Co. Ltd; Lessee: Stateline Enterprises Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued; agreements do not offend Section 4(1)
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

Cartron Village Management Co. Ltd

Lessor

Stateline Enterprises Ltd

Lessee

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the leases between Cartron Village Management Co. Ltd and Stateline Enterprises Ltd contain clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The notified leases, including their restrictive and exclusive user clauses, do 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 do not offend against Section 4(1) of the Competition Act 1991.

Court Disposition

certificate issued; agreements do not offend Section 4(1)

Orders

  • Certificate issued stating that the agreements between Cartron Village Management Co. Ltd and Stateline Enterprises Ltd in relation to the leases of shop units 1 and 4 at Cartron Village shopping centre do not offend against Section 4(1) of the Competition Act 1991.