Navan S. C. Ltd/Power Supermarkets Ltd [1993] IECA 79 (5th October, 1993)

Navan S. C. Ltd/Power Supermarkets Ltd [1993] IECA 79 (5th October, 1993)

The notified lease, including its restrictive and exclusive user 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 79
Parties
Landlord/lessor: Navan Shopping Centre Ltd; Tenant/lessee: Power Supermarkets Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
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

Navan Shopping Centre Ltd

Landlord/lessor

Power Supermarkets Ltd

Tenant/lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Navan Shopping Centre Ltd and Power Supermarkets Ltd contains provisions 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, 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

Orders

  • The Competition Authority certifies that the agreement between Navan Shopping Centre Ltd and Power Supermarkets Ltd in relation to the lease does not offend against Section 4(1) of the Competition Act, 1991.