Outlandus/Tradlew Ltd [1993] IECA 265 (15th December, 1993)

Outlandus/Tradlew Ltd [1993] IECA 265 (15th December, 1993)

The notified lease, 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 or any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 265
Parties
Landlord: Outlandus; Tenant: Tradlew Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Restrictive Covenants, Shopping Centre Leases
Competition Law Anti Competitive Agreements Restrictive Covenants Shopping Centre Leases

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Parties

Outlandus

Landlord

Tradlew Limited

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between Outlandus and Tradlew Limited contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified lease, 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 or any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Outlandus and Tradlew Limited in relation to the lease of the premises at Greystones Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.