Shannon Town Centre Company Ltd / Power Leisure Ltd [1993] IECA 56 (5th October, 1993)

Shannon Town Centre Company Ltd / Power Leisure Ltd [1993] IECA 56 (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 and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 56
Parties
Landlord: Shannon Town Centre Company Ltd; Tenant: Power Leisure Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive Use Clauses, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive Use Clauses Shopping Centre Leases

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Parties

Shannon Town Centre Company Ltd

Landlord

Power Leisure Ltd

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Shannon Town Centre Company Ltd and Power Leisure Ltd 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 and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Shannon Town Centre Company Ltd and Power Leisure Ltd in relation to the lease of Unit 19 Shannon Shopping Centre does not offend against Section 4(1) of the Competition Act 1991.