Cornelscourt S. C./Governor and Company of the Bank of Ireland [1993] IECA 50 (5th October, 1993)

Cornelscourt S. C./Governor and Company of the Bank of Ireland [1993] IECA 50 (5th October, 1993)

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

Citation
[1993] IECA 50
Parties
Landlord: Cornelscourt Shopping Centre Ltd; Tenant: Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Exclusive Lease Clauses, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Commercial Property Law Exclusive Lease Clauses Anti Competitive Agreements Section 4 Competition Act 1991

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Parties

Cornelscourt Shopping Centre Ltd

Landlord

Governor and Company of the Bank of Ireland

Tenant

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

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

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between Cornelscourt Shopping Centre Ltd and the Bank of Ireland does not offend against Section 4(1) of the Competition Act, 1991.