Kenneth C. Rohan/The Square Management Ltd/ACC plc [1993] IECA 217 (3rd December, 1993)

Kenneth C. Rohan/The Square Management Ltd/ACC plc [1993] IECA 217 (3rd December, 1993)

The notified lease, including its restrictive and exclusive user clauses and other standard restrictive clauses, does not have the object or effect of preventing, restricting or distorting competition in the State or any part thereof, and therefore does not offend section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 217
Parties
Notifier/landlord: Kenneth C. Rohan; Freeholder: The Square Management Ltd; Tenant: Agricultural Credit Corporation plc
Jurisdiction
Ireland
Procedural Posture
Competition Notification/assessment / Decision on Certificate Under Competition Act 1991
Outcome
Certificate issued: agreement does not offend section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Lease Restrictions, Exclusive User Clauses
Competition Law Property Law Anti Competitive Agreements Lease Restrictions Exclusive User Clauses

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Parties

Kenneth C. Rohan

Notifier/landlord

The Square Management Ltd

Freeholder

Agricultural Credit Corporation plc

Tenant

Procedural Posture

Competition Notification/assessment / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement contains clauses that prevent, restrict or distort competition contrary to section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified lease, including its restrictive and exclusive user clauses and other standard restrictive clauses, does not have the object or effect of preventing, restricting or distorting competition in the State or any part thereof, and therefore does not offend section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued: agreement does not offend section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the agreement between The Square Management Ltd, Kenneth C. Rohan and Agricultural Credit Corporation plc in relation to the lease of the premises at The Square Towncentre, Tallaght, Dublin 24 does not offend against Section 4(1) of the Competition Act, 1991.