Dungoyne Ltd/Power Supermarkets Ltd [1993] IECA 73 (5th October, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in any goods or services in the State.

Citation: [1993] IECA 73
Parties: Landlord: Dungoyne Ltd; Tenant: Power Supermarkets Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision
Outcome: certificate issued
Legal Topics: Exclusive Lease Clauses, Restrictive Covenants, Supermarket Operations

Competition Law Exclusive Lease Clauses Restrictive Covenants Supermarket Operations

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Parties

Dungoyne Ltd

Landlord

Power Supermarkets Ltd

Tenant

Procedural Posture

Competition Notification / Decision

Legal Issues

1 Whether the lease agreement between Dungoyne Ltd and Power Supermarkets Ltd violates 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 trade in any goods or services in the State.

Court Disposition

certificate issued

Orders

The Competition Authority certifies that the agreement does not offend against Section 4(1) of the Competition Act, 1991.