Waterford S.C.Ltd/Tenants at Waterford S.C. [1993] IECA 85 (5th October, 1993)

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

Citation: [1993] IECA 85
Parties: Lessor: Waterford Shopping Centre Ltd; Lessees: Tenants at Waterford Shopping Centre; Notifier/parent Company: Green Property plc
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Certificate Under Section 4 of Competition Act 1991
Outcome: certificate issued; notified agreements do not offend against 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

Waterford Shopping Centre Ltd

Lessor

Tenants at Waterford Shopping Centre

Lessees

Green Property plc

Notifier/parent Company

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4 of Competition Act 1991

Legal Issues

1 Whether the standard lease agreement between Waterford Shopping Centre Ltd and its tenants contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

Court Disposition

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

Orders

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