Dorcorn Developments Ltd/Manzares Ltd [1993] IECA 47 (5th October, 1993)

Dorcorn Developments Ltd/Manzares Ltd [1993] IECA 47 (5th October, 1993)

The lease agreement, including its restrictive and exclusive 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; therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 47
Parties
Landlord: Dorcorn Developments Ltd; Tenant: Manzares Ltd
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

Dorcorn Developments Ltd

Landlord

Manzares Ltd

Tenant

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 Dorcorn Developments Ltd and Manzares 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 and exclusive 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; therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Manzares Ltd and Dorcorn Developments Ltd in relation to the lease does not offend against Section 4(1) of the Competition Act, 1991.