Mall Holdings Ltd/Cassidy's Familys Pharmacies Ltd [1993] IECA 250 (15th December, 1993)
The lease and its restrictive user clauses do 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; therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.
- Citation
- [1993] IECA 250
- Parties
- Lessor: Mall Holdings Ltd; Lessee: Cassidy's Family Pharmacies Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
- Outcome
- certificate granted
- Legal Topics
- Exclusive Use Clauses, Restrictive Covenants, Anti Competitive Agreements, Section 4 Competition Act 1991
Case Brief
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Parties
Mall Holdings Ltd
Lessor
Cassidy's Family Pharmacies Ltd
Lessee
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Legal Issues
- 1 Whether the lease agreement and its restrictive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991
Ratio Decidendi
The lease and its restrictive user clauses do 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; therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.
Court Disposition
certificate granted
Orders
- Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991
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