Douglas Developments Ltd/AIB plc [1993] IECA 60 (5th October, 1993)

Douglas Developments Ltd/AIB plc [1993] IECA 60 (5th October, 1993)

The notified lease agreement, including its 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, and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 60
Parties
Lessor: Douglas Developments Ltd; Lessee: Allied Irish Banks plc
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate granted
Legal Topics
Exclusive Dealing, Shopping Centre Leases, Banking Services, Automatic Teller Machines (atms)
Competition Law Exclusive Dealing Shopping Centre Leases Banking Services Automatic Teller Machines (atms)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Douglas Developments Ltd

Lessor

Allied Irish Banks plc

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement with exclusive user clauses between Douglas Developments Ltd and AIB restricts, prevents, or distorts competition under Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified lease agreement, including its 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, and therefore does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Douglas Developments Ltd and Allied Irish Banks plc in relation to the lease at Douglas Court Shopping Centre does not offend against Section 4(1) of the Competition Act 1991.