Town and County Investments Plc / Marspel Ltd [1993] IECA 41 (5th October, 1993)

The notified lease, 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 41
Parties: Lessor: Town and County Investments plc; Lessee: Marspel Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Notification for Certificate Under Section 4(2) Competition Act 1991
Outcome: Certificate issued that the agreement does not offend Section 4(1) of the Competition Act 1991.
Legal Topics: Exclusive Dealing, Restrictive Covenants, Shopping Centre Leases, Section 4 Competition Act 1991

Competition Law Exclusive Dealing Restrictive Covenants Shopping Centre Leases Section 4 Competition Act 1991

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Parties

Town and County Investments plc

Lessor

Marspel Ltd

Lessee

Procedural Posture

Competition Authority Notification / Decision on Notification for Certificate Under Section 4(2) Competition Act 1991

Legal Issues

1 Whether the lease agreement and its restrictive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

Court Disposition

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

Orders

Certificate granted under Section 4(2) Competition Act 1991 that the lease agreement does not offend Section 4(1).