Omni Park Ltd/Quinnsworth [1993] IECA 188 (3rd December, 1993)

Omni Park Ltd/Quinnsworth [1993] IECA 188 (3rd December, 1993)

The Authority found that the lease, including its restricted 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 Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 188
Parties
Landlord: Omni Park Ltd; Tenant: Quinnsworth
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive Use Clauses, Shopping Centre Leases
Competition Law Property Law Anti Competitive Agreements Exclusive Use Clauses Shopping Centre Leases

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Parties

Omni Park Ltd

Landlord

Quinnsworth

Tenant

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

  1. 1 Whether the lease agreement between Omni Park Ltd and Quinnsworth contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The Authority found that the lease, including its restricted 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 Section 4(1) of the Competition Act 1991.

Court Disposition

certificate granted

Orders

  • Certificate issued stating the agreement does not offend Section 4(1) of the Competition Act 1991.