Westport Developments Ltd/ Glenberg [1993] IECA 130 (13th October, 1993)

Westport Developments Ltd/ Glenberg [1993] IECA 130 (13th October, 1993)

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

Citation
[1993] IECA 130
Parties
Lessor: Westport Developments Ltd; Lessee: Glenberg
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate issued; agreement does not offend Section 4(1)
Legal Topics
Exclusive Use Clauses, Shopping Centre Leases, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Property Law Exclusive Use Clauses Shopping Centre Leases Anti Competitive Agreements Section 4 Competition Act 1991

Case Brief

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Parties

Westport Developments Ltd

Lessor

Glenberg

Lessee

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

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

Ratio Decidendi

The notified lease agreement, including its exclusive and restrictive user clauses, does not have the object or effect of preventing, restricting or distorting competition in the State and therefore does 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