Mall Holdings Ltd/Five Star Supermarkets [1993] IECA 74 (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 or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.
- Citation
- [1993] IECA 74
- Parties
- Lessor: Mall Holdings Ltd; Lessee: Five Star Supermarket
- 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, Restrictive Covenants, Anti Competitive Agreements, Section 4 Competition Act 1991
Case Brief
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Parties
Mall Holdings Ltd
Lessor
Five Star Supermarket
Lessee
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Legal Issues
- 1 Whether the lease agreement between Mall Holdings Ltd and Five Star Supermarket contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991.
Ratio Decidendi
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 or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.
Court Disposition
certificate granted
Orders
- Certificate issued stating the lease agreement does not offend Section 4(1) of the Competition Act, 1991.
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