Mall Holdings Ltd/Confrere Ltd [1993] IECA 249 (15th December, 1993)

Mall Holdings Ltd/Confrere Ltd [1993] IECA 249 (15th 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 249
Parties
Lessor: Mall Holdings Ltd; Lessee: Confrere Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive Use Clauses, Restrictive Covenants in Leases
Competition Law Anti Competitive Agreements Exclusive Use Clauses Restrictive Covenants in Leases

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Parties

Mall Holdings Ltd

Lessor

Confrere Ltd

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Mall Holdings Ltd and Confrere Ltd offends 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 granted

Orders

  • The Competition Authority certifies that the agreement between Mall Holdings Ltd and Confrere Ltd in relation to the lease of the premises at Crescent Shopping Centre, Dooradoyle, Limerick does not offend against Section 4(1) of the Competition Act, 1991.