N.J. Kelly Ltd/Christopher & Anne Lonergan [1993] IECA 241 (15th December, 1993)

The Authority found that 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 241
Parties: Landlord: N. J. Kelly Ltd; Tenant: Christopher Lonergan; Tenant: Anne Lonergan
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision
Outcome: certificate issued
Legal Topics: Exclusive Lease Clauses, Restricted User Clauses, Shopping Centre Leases

Competition Law Exclusive Lease Clauses Restricted User Clauses Shopping Centre Leases

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Parties

N. J. Kelly Ltd

Landlord

Christopher Lonergan

Tenant

Anne Lonergan

Tenant

Procedural Posture

Competition Notification / Decision

Legal Issues

1 Whether the lease agreement between N. J. Kelly Ltd and the Lonergans violates Section 4(1) of the Competition Act, 1991

Ratio Decidendi

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