Michael Reilly & Sons (now Nabol Developments Ltd)/ Phoenix Newsagents Ltd [1993] IECA 240 (15th December, 1993)
The lease and its restrictive and exclusive user clauses do 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 thereof, and therefore do not offend Section 4(1) of the Competition Act 1991.
- Citation
- [1993] IECA 240
- Parties
- Landlord: Michael Reilly and Sons Ltd (now Nabola Developments Ltd); Tenant: Phoenix Newsagents Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Certificate Under Competition Act 1991
- Outcome
- certificate granted
- Legal Topics
- Exclusive Lease Clauses, Restrictive Covenants, Anti Competitive Agreements, Shopping Centre Leases
Case Brief
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Parties
Michael Reilly and Sons Ltd (now Nabola Developments Ltd)
Landlord
Phoenix Newsagents Ltd
Tenant
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Legal Issues
- 1 Whether the lease agreement contains clauses that prevent, restrict or distort competition under Section 4(1) of the Competition Act 1991
Ratio Decidendi
The lease and its restrictive and exclusive user clauses do 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 thereof, and therefore do not offend Section 4(1) of the Competition Act 1991.
Court Disposition
certificate granted
Orders
- The Competition Authority certifies that the agreement does not offend Section 4(1) of the Competition Act 1991.
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