City Properties (Cork) Ltd/ Glenberg [1993] IECA 63 (5th October, 1993)

City Properties (Cork) Ltd/ Glenberg [1993] IECA 63 (5th October, 1993)

The notified lease, including its restricted and exclusive user clauses and other standard restrictive covenants, does not have the object or effect of preventing, restricting, or distorting competition in the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 63
Parties
Lessor: City Properties (Cork) Limited; Lessee: Glenberg
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, Exclusive User Clauses, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

City Properties (Cork) Limited

Lessor

Glenberg

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between City Properties (Cork) Limited and Glenberg contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified lease, including its restricted and exclusive user clauses and other standard restrictive covenants, does not have the object or effect of preventing, restricting, or distorting competition in the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between City Properties (Cork) Limited and Glenberg in relation to the lease of the premises at Queens Castle Shopping Centre, Cork does not offend against Section 4(1) of the Competition Act, 1991.