IBI Nominees Ltd/The Square Management Ltd/8 Tenants of the Square Towncentre, Tallaght [1993] IECA 212 (3rd December, 1993)

IBI Nominees Ltd/The Square Management Ltd/8 Tenants of the Square Towncentre, Tallaght [1993] IECA 212 (3rd December, 1993)

The notified leases, including their restrictive and exclusive 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. The arrangements allow for the location of competing outlets in the centre, so no restriction on competition arises.

Citation
[1993] IECA 212
Parties
Notifier/landlord: IBI Nominees Limited; Freeholder: The Square Management Ltd; Tenants: 8 Tenants of The Square Towncentre, Tallaght
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued; notified agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Restrictive Covenants, Exclusive User Clauses, Leases in Shopping Centres
Competition Law Anti Competitive Agreements Restrictive Covenants Exclusive User Clauses Leases in Shopping Centres

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Parties

IBI Nominees Limited

Notifier/landlord

The Square Management Ltd

Freeholder

8 Tenants of The Square Towncentre, Tallaght

Tenants

Procedural Posture

Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the notified leases and their restrictive/exclusive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified leases, including their restrictive and exclusive 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. The arrangements allow for the location of competing outlets in the centre, so no restriction on competition arises.

Court Disposition

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

Orders

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