Five Star Supermarket/Margaret Conway [1993] IECA 81 (5th October, 1993)

Five Star Supermarket/Margaret Conway [1993] IECA 81 (5th October, 1993)

The lease, 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 81
Parties
Lessor: Five Star Supermarket; Lessee: Margaret Conway
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate issued; agreement does 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

Five Star Supermarket

Lessor

Margaret Conway

Lessee

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

  1. 1 Whether the lease agreement between Five Star Supermarket and Margaret Conway offends Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease, 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 issued; agreement does not offend Section 4(1)

Orders

  • Certificate issued stating the agreement does not offend Section 4(1) of the Competition Act 1991