Firmount Ltd/Asha Clothing Ltd [1993] IECA 119 (13th October, 1993)

The notified lease, 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 against section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 119
Parties: Landlord: Firmount Ltd; Tenant: Asha Clothing Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Notification for Certificate or Licence Under Competition Act 1991
Outcome: certificate issued; agreement does not offend section 4(1)
Legal Topics: Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases

Competition Law Property Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

Firmount Ltd

Landlord

Asha Clothing Ltd

Tenant

Procedural Posture

Competition Authority Notification / Decision on Notification for Certificate or Licence Under Competition Act 1991

Legal Issues

1 Whether the lease agreement between Firmount Ltd and Asha Clothing Ltd contains clauses that have the object or effect of preventing, restricting or distorting competition contrary to section 4(1) of the Competition Act, 1991.

Ratio Decidendi

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.