Waterford S. C. Ltd/The Governor & Co. of The Bank of Ireland [1993] IECA 84 (5th October, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services in the State or any part thereof.

Citation: [1993] IECA 84
Parties: Lessor: Waterford Shopping Centre Ltd; Lessee: The Governor and Company of the Bank of Ireland
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision
Outcome: certificate issued
Legal Topics: Exclusive Lease Clauses, Restrictive Covenants, Banking Premises, Shopping Centre Leases

Competition Law Exclusive Lease Clauses Restrictive Covenants Banking Premises Shopping Centre Leases

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Parties

Waterford Shopping Centre Ltd

Lessor

The Governor and Company of the Bank of Ireland

Lessee

Procedural Posture

Competition Notification / Decision

Legal Issues

1 Whether the lease agreement between Waterford Shopping Centre Ltd and Bank of Ireland violates 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 trade in goods or services in the State or any part thereof.

Court Disposition

certificate issued

Orders

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