Superquinn/Tenants at Blackrock S.C. [1993] IECA 43 (5th October, 1993)

Superquinn/Tenants at Blackrock S.C. [1993] IECA 43 (5th October, 1993)

The notified leases, including their restrictive user and assignment clauses, do 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 do not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 43
Parties
Notifier/lessor: Superquinn; Tenants/lessees: Tenants at Blackrock Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate or Licence
Outcome
certificate issued; notified agreements do not offend Section 4(1) of the Competition Act, 1991
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Competition Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

Superquinn

Notifier/lessor

Tenants at Blackrock Shopping Centre

Tenants/lessees

Procedural Posture

Competition Notification / Decision on Notification for Certificate or Licence

Legal Issues

  1. 1 Whether the leases between Superquinn and tenants at Blackrock Shopping Centre contain clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified leases, including their restrictive user and assignment clauses, do 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 do not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued; notified agreements do not offend Section 4(1) of the Competition Act, 1991

Orders

  • Certificate issued stating that the agreements between Superquinn and the tenants at Blackrock Shopping Centre do not offend Section 4(1) of the Competition Act, 1991.