Tallaght S.C. Ltd/Glenberg [1993] IECA 170 (3rd December, 1993)

Tallaght S.C. Ltd/Glenberg [1993] IECA 170 (3rd December, 1993)

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

Citation
[1993] IECA 170
Parties
Landlord: Tallaght Shopping Centre Limited; Tenant: Glenberg
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate issued
Legal Topics
Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Competition Law Property Law Anti Competitive Agreements Shopping Centre Leases Restrictive Covenants

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Parties

Tallaght Shopping Centre Limited

Landlord

Glenberg

Tenant

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

  1. 1 Whether the lease agreement between Tallaght Shopping Centre Limited and Glenberg contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

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

Court Disposition

certificate issued

Orders

  • Certificate issued stating the lease does not offend Section 4(1) of the Competition Act, 1991.