Spearhill Company/The Governor & Co. of The Bank of Ireland [1993] IECA 75 (5th October, 1993)

Spearhill Company/The Governor & Co. of The Bank of Ireland [1993] IECA 75 (5th October, 1993)

The lease agreement, including its restrictive and exclusive user clauses, does 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 of the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 75
Parties
Lessor: Spearhill Company Ltd; Lessee: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate or Licence Under Section 4 of the Competition Act, 1991
Outcome
certificate issued
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

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Parties

Spearhill Company Ltd

Lessor

The Governor and Company of the Bank of Ireland

Lessee

Procedural Posture

Competition Notification / Decision on Notification for Certificate or Licence Under Section 4 of the Competition Act, 1991

Legal Issues

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

Ratio Decidendi

The lease agreement, including its restrictive and exclusive user clauses, does 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 of the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.