Wanze Properties (Ireland) Ltd/Tenants at Hartstown S.C. [1993] IECA 100 (13th October, 1993)
The notified leases and their restrictive 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 100
- Parties
- Notifier/lessor: Wanze Properties (Ireland) Ltd; Tenants/lessees: Tenants at Hartstown Shopping Centre
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Notification / Decision on Notification for Certificate or Licence Under Competition Act 1991
- Outcome
- certificate issued; notified agreements do not offend Section 4(1)
- Legal Topics
- Anti Competitive Agreements, Shopping Centre Leases, Restrictive Covenants
Case Brief
Summary, issues, holding and outcome
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Parties
Wanze Properties (Ireland) Ltd
Notifier/lessor
Tenants at Hartstown Shopping Centre
Tenants/lessees
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate or Licence Under Competition Act 1991
Legal Issues
- 1 Whether the notified leases and restrictive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991
Ratio Decidendi
The notified leases and their restrictive 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.
Court Disposition
certificate issued; notified agreements do not offend Section 4(1)
Orders
- Certificate issued stating the agreements do not offend Section 4(1) of the Competition Act 1991
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