Omni Park Ltd/Omni Med Ltd [1994] IECA 317 (21st April, 1994)

Omni Park Ltd/Omni Med Ltd [1994] IECA 317 (21st April, 1994)

The lease and its restrictive user clauses 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 Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 317
Parties
Notifier/landlord: Omni Park Limited; Tenant: Omni Med Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Anti Competitive Agreements, Exclusive User Clauses, Shopping Centre Leases, Restrictive Covenants
Competition Law Commercial Property Law Anti Competitive Agreements Exclusive User Clauses Shopping Centre Leases Restrictive Covenants

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Parties

Omni Park Limited

Notifier/landlord

Omni Med Limited

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement between Omni Park Ltd and Omni Med Ltd 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 user clauses 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 Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the agreement between Omni Park Limited and Omni Med Limited in relation to the lease of the premises at Omni Park Centre, Swords Road, Santry, Dublin 9, does not offend against Section 4(1) of the Competition Act, 1991.