Melcorpo Ltd/ Marspel Ltd [1993] IECA 89 (5th October, 1993)

Melcorpo Ltd/ Marspel Ltd [1993] IECA 89 (5th October, 1993)

The Authority found that the lease agreement, 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 89
Parties
Lessor: Melcorpo Ltd; Lessee: Marspel Ltd (trading as Tabloid Newsagents)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Notification for Certificate Under Section 4(2) of the Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Lease Clauses, Restrictive Covenants, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Exclusive Lease Clauses Restrictive Covenants Anti Competitive Agreements Section 4 Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Melcorpo Ltd

Lessor

Marspel Ltd (trading as Tabloid Newsagents)

Lessee

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The Authority found that the lease agreement, 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 issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the agreement between Melcorpo Ltd and Marspel Ltd does not offend against Section 4(1) of the Competition Act, 1991.