Westlake Estates Ltd/Tenants of the Town Mall, Mullingar [1993] IECA 87 (5th October, 1993)

Westlake Estates Ltd/Tenants of the Town Mall, Mullingar [1993] IECA 87 (5th October, 1993)

The standard lease agreement, including its restrictive user and assignment clauses, does 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 does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 87
Parties
Notifier/landlord: Westlake Estates Ltd; Tenants: Tenants of The Town Mall, Mullingar
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate granted
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

Westlake Estates Ltd

Notifier/landlord

Tenants of The Town Mall, Mullingar

Tenants

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The standard lease agreement, including its restrictive user and assignment clauses, does 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 does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the standard agreement between Westlake Estates Ltd and its tenants in relation to the lease of premises at The Town Mall, Mullingar does not offend against Section 4(1) of the Competition Act 1991.