Killiney Management S.C. Co./Marspel Ltd [1993] IECA 106 (13th October, 1993)

Killiney Management S.C. Co./Marspel Ltd [1993] IECA 106 (13th October, 1993)

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

Citation
[1993] IECA 106
Parties
Lessor: Killiney Management Shopping Centre Company; Lessee: Marspel Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate issued
Legal Topics
Exclusive Dealing, Restrictive Covenants, Shopping Centre Leases
Competition Law Exclusive Dealing Restrictive Covenants Shopping Centre Leases

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Killiney Management Shopping Centre Company

Lessor

Marspel Ltd

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Killiney Management Shopping Centre Company and Marspel Ltd contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

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

Court Disposition

certificate issued

Orders

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