Superquinn/ D.F.O'Neill (Chemists) Ltd [1993] IECA 44 (5th October, 1993)

Superquinn/ D.F.O'Neill (Chemists) Ltd [1993] IECA 44 (5th October, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting or distorting competition in the State, and therefore do not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 44
Parties
Lessor: Superquinn Ltd; Lessee: D. F. O'Neill (Chemists) Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Exclusive Lease Clauses, Restrictive Covenants, Anti Competitive Agreements
Competition Law Exclusive Lease Clauses Restrictive Covenants Anti Competitive Agreements

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Parties

Superquinn Ltd

Lessor

D. F. O'Neill (Chemists) Ltd

Lessee

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Superquinn and D. F. O'Neill (Chemists) Ltd contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991.

Ratio Decidendi

The lease and its restrictive clauses do not have the object or effect of preventing, restricting or distorting competition in the State, and therefore do not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate issued; agreement does not offend Section 4(1)

Orders

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