D Horkan Ltd/V Jackson Ltd [1993] IECA 103 (13th October, 1993)

D Horkan Ltd/V Jackson Ltd [1993] IECA 103 (13th October, 1993)

The notified agreement, including its restrictive user clauses and other standard restrictive 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 against Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 103
Parties
Landlord: D. Horkan Ltd; Tenant: V. Jackson Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of Competition Act 1991
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Competition Law Property Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

D. Horkan Ltd

Landlord

V. Jackson Ltd

Tenant

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4 of Competition Act 1991

Legal Issues

  1. 1 Whether the sub-lease agreement contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified agreement, including its restrictive user clauses and other standard restrictive 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 against Section 4(1) of the Competition Act 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between D. Horkan Ltd and V. Jackson Ltd does not offend against Section 4(1) of the Competition Act 1991.