Town and County Investments Plc / Tenants at Ballybrack S.C. [1993] IECA 90 (13th October, 1993)

The standard lease agreements, including restrictive and exclusive user clauses, do not have the object or effect of preventing, restricting, or distorting competition in the State and therefore do not offend Section 4(1) of the Competition Act, 1991.

Citation: [1993] IECA 90
Parties: Notifier/lessor: Town and County Investments plc; Lessees/tenants: Tenants at Ballybrack Shopping Centre
Jurisdiction: Ireland
Procedural Posture: Competition Authority 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

Town and County Investments plc

Notifier/lessor

Tenants at Ballybrack Shopping Centre

Lessees/tenants

Procedural Posture

Competition Authority Notification / Decision on Notification for Certificate or Licence

Legal Issues

1 Whether the standard lease agreements and restrictive user clauses offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

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

Orders

Certificate issued stating the agreements do not offend Section 4(1) of the Competition Act, 1991