Cranford Properties Ltd/Power Meats Ltd [1993] IECA 196 (3rd December, 1993)

Cranford Properties Ltd/Power Meats Ltd [1993] IECA 196 (3rd December, 1993)

The exclusive user clause in the lease agreement 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 196
Parties
Lessor: Cranford Properties Limited; Lessee: Albafare; Lessee: Power Meats Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Exclusive User Clauses, Shopping Centre Leases, Anti Competitive Agreements
Competition Law Property Law Exclusive User Clauses Shopping Centre Leases Anti Competitive Agreements

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Parties

Cranford Properties Limited

Lessor

Albafare

Lessee

Power Meats Ltd

Lessee

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the notified lease agreement contains clauses that prevent, restrict or distort competition contrary to section 4(1) of the Competition Act, 1991.

Ratio Decidendi

The exclusive user clause in the lease agreement 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

Orders

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