Timebrock Ltd/Basil Duffy [1993] IECA 110 (13th October, 1993)

Timebrock Ltd/Basil Duffy [1993] IECA 110 (13th October, 1993)

The Authority found that the lease and its restrictive and exclusive user 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 Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 110
Parties
Landlord: Timebrock Ltd; Tenant: Basil Duffy
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Exclusive User Clauses
Competition Law Anti Competitive Agreements Shopping Centre Leases Exclusive User Clauses

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Parties

Timebrock Ltd

Landlord

Basil Duffy

Tenant

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

  1. 1 Whether the lease agreement between Timebrock Ltd and Basil Duffy contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The Authority found that the lease and its restrictive and exclusive user 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 Section 4(1) of the Competition Act 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Timebrock Ltd and Basil Duffy in relation to the lease of the mini market unit at Old Bawn Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.