Power Supermarkets Ltd/D Horkan Ltd [1993] IECA 102 (13th October, 1993)

Power Supermarkets Ltd/D Horkan Ltd [1993] IECA 102 (13th October, 1993)

The notified lease, including its restrictive and exclusive user clauses and other standard restrictive covenants, 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 102
Parties
Landlord: Power Supermarkets Ltd; Tenant: D. Horkan Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases
Competition Law Commercial Property Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

Power Supermarkets Ltd

Landlord

D. Horkan Ltd

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Power Supermarkets Ltd and D. Horkan Ltd contains clauses that have the object or effect of preventing, restricting or distorting competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The notified lease, including its restrictive and exclusive user clauses and other standard restrictive covenants, 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 granted

Orders

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