L & C Properties Ltd/ Peter Mark [1993] IECA 124 (13th October, 1993)

L & C Properties Ltd/ Peter Mark [1993] IECA 124 (13th October, 1993)

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 124
Parties
Landlord: L & C Properties Ltd; Tenant: Peter Mark
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate issued
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

L & C Properties Ltd

Landlord

Peter Mark

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between L & C Properties Ltd and Peter Mark contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

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 L & C Properties Ltd and Peter Mark in relation to the lease of the premises at Units 113/4 and 207/8 at The Square Shopping Centre, Tallaght, Co. Dublin does not offend against Section 4(1) of the Competition Act, 1991.