Merchant's Quay Developments Ltd/Peter Mark [1993] IECA 62 (5th October, 1993)

Merchant's Quay Developments Ltd/Peter Mark [1993] IECA 62 (5th October, 1993)

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

Citation
[1993] IECA 62
Parties
Landlord: Merchant's Quay Developments Limited; Tenant: Peter Mark
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 Commercial Property Law Exclusive Dealing Restrictive Covenants Shopping Centre Leases

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Parties

Merchant's Quay Developments Limited

Landlord

Peter Mark

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Merchant's Quay Developments Limited and Peter Mark contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act, 1991.

Ratio Decidendi

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

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Merchant's Quay Developments Limited and Peter Mark in relation to the lease does not offend against Section 4(1) of the Competition Act, 1991.