Superior Drug Company Ltd/The Governor & Company of Bank of Ireland [1993] IECA 109 (13th October, 1993)

Superior Drug Company Ltd/The Governor & Company of Bank of Ireland [1993] IECA 109 (13th October, 1993)

The Authority determined that the lease, 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 109
Parties
Lessor: Superior Drug Company Ltd; Lessee: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Exclusive Lease Clauses, Restrictive Covenants, Anti Competitive Agreements
Competition Law Commercial Property Exclusive Lease Clauses Restrictive Covenants Anti Competitive Agreements

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Parties

Superior Drug Company Ltd

Lessor

The Governor and Company of the Bank of Ireland

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Superior Drug 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 Authority determined that the lease, 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 granted

Orders

  • The Competition Authority certifies that the agreement between Superior Drug Company Ltd and The Governor and Company of the Bank of Ireland in relation to the lease at Malahide Shopping Centre does not offend against Section 4(1) of the Competition Act, 1991.