Wanze Properties (Ireland) Ltd/ Glenberg [1993] IECA 254 (15th December, 1993)

Wanze Properties (Ireland) Ltd/ Glenberg [1993] IECA 254 (15th December, 1993)

The notified lease agreements and their restrictive covenants 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 254
Parties
Landlord: Wanze Properties (Ireland) Limited; Tenant: Glenberg
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued that the agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Lease Restrictions
Competition Law Property Law Anti Competitive Agreements Exclusive User Clauses Lease Restrictions

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Parties

Wanze Properties (Ireland) Limited

Landlord

Glenberg

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreements and restrictive covenants between Wanze Properties (Ireland) Limited and Glenberg prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified lease agreements and their restrictive covenants 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 that the agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued under Section 4(4) of the Competition Act, 1991 confirming the agreements do not offend Section 4(1).