Deerpark Ltd/Baron Craft Co Ltd [1993] IECA 54 (5th October, 1993)

Deerpark Ltd/Baron Craft Co Ltd [1993] IECA 54 (5th October, 1993)

The notified lease, including its restricted and exclusive user 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; therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 54
Parties
Lessor: Deerpark Ltd; Lessee: Baron Craft Company Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Exclusive Dealing, Restrictive Covenants, Shopping Centre Leases
Competition Law Property Law Exclusive Dealing Restrictive Covenants Shopping Centre Leases

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Parties

Deerpark Ltd

Lessor

Baron Craft Company Ltd

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Deerpark Ltd and Baron Craft Company Ltd contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The notified lease, including its restricted and exclusive user 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; therefore, it does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Deerpark Ltd and Baron Craft Company Ltd in relation to the lease of the premises at Kingswood Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.