McGee Land Trust Ltd/ Vincent Walsh [1993] IECA 69 (5th October, 1993)

McGee Land Trust Ltd/ Vincent Walsh [1993] IECA 69 (5th October, 1993)

The lease agreement, including its restrictive 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, and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 69
Parties
Lessor: McGee Land Trust Limited; Lessee: Vincent Walsh
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Competition Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

McGee Land Trust Limited

Lessor

Vincent Walsh

Lessee

Procedural Posture

Competition Authority Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between McGee Land Trust Limited and Vincent Walsh violates Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease agreement, including its restrictive 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, and therefore does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the lease agreement does not offend Section 4(1) of the Competition Act 1991.