James Davey/The Governor & Company of the Bank of Ireland [1993] IECA 248 (15th December, 1993)

James Davey/The Governor & Company of the Bank of Ireland [1993] IECA 248 (15th December, 1993)

The Authority found that the 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, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 248
Parties
Lessor: James Davey; Lessee: Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Exclusive Dealing, Restrictive Covenants, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive Dealing Restrictive Covenants Shopping Centre Leases

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Parties

James Davey

Lessor

Governor and Company of the Bank of Ireland

Lessee

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between James Davey and the Bank of Ireland offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Authority found that the 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, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between James Davey and the Governor and Company of the Bank of Ireland in relation to the lease of the premises at Caherdavin Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.