N J Kelly Ltd/Richard J O'Rourke [1993] IECA 71 (5th October, 1993)

N J Kelly Ltd/Richard J O'Rourke [1993] IECA 71 (5th October, 1993)

The lease and its restrictive user clauses do 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.

Citation
[1993] IECA 71
Parties
Lessor: N J Kelly Ltd; Lessee: Richard J O'Rourke
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

N J Kelly Ltd

Lessor

Richard J O'Rourke

Lessee

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between N J Kelly Ltd and Richard J O'Rourke offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease and its restrictive user clauses do 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.

Court Disposition

certificate issued

Orders

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