Five Star Supermarket/Tenants at Sligo S. C. [1993] IECA 80 (5th October, 1993)

Five Star Supermarket/Tenants at Sligo S. C. [1993] IECA 80 (5th October, 1993)

The notified leases, including their restrictive 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 Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 80
Parties
Notifier/lessor: Five Star Supermarket; Tenants/lessees: Tenants at Sligo Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act 1991
Outcome
Certificate issued that the agreements do not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Competition Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

Five Star Supermarket

Notifier/lessor

Tenants at Sligo Shopping Centre

Tenants/lessees

Procedural Posture

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

Legal Issues

  1. 1 Whether the leases between Five Star Supermarket and tenants at Sligo Shopping Centre offend Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified leases, including their restrictive 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 Section 4(1) of the Competition Act 1991.

Court Disposition

Certificate issued that the agreements do not offend Section 4(1) of the Competition Act 1991.

Orders

  • Certificate issued in favour of Five Star Supermarket in respect of the notified leases.