Superquinn/Peter Mark [1993] IECA 108 (13th October, 1993)

Superquinn/Peter Mark [1993] IECA 108 (13th October, 1993)

The Authority found that the lease and its restrictive clauses did not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof, and therefore did not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 108
Parties
Landlord: Superquinn; Tenant: Peter Mark
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases
Competition Law Property Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases

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Parties

Superquinn

Landlord

Peter Mark

Tenant

Procedural Posture

Competition Authority Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between Superquinn and Peter Mark, including restricted and exclusive user clauses, offends Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The Authority found that the lease and its restrictive clauses did not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof, and therefore did not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Superquinn and Peter Mark in relation to the lease of Unit No.9 at Superquinn Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.