Douglas Developments Ltd/ Peter Mark [1993] IECA 61 (5th October, 1993)

Douglas Developments Ltd/ Peter Mark [1993] IECA 61 (5th October, 1993)

The notified lease, including its restricted and exclusive user clauses, does 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, it does not offend against Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 61
Parties
Landlord: Douglas Developments Ltd; Tenant: Peter Mark
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act 1991.
Legal Topics
Exclusive User Clauses, Shopping Centre Leases, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Commercial Property Law Exclusive User Clauses Shopping Centre Leases Anti Competitive Agreements Section 4 Competition Act 1991

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Parties

Douglas Developments Ltd

Landlord

Peter Mark

Tenant

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The notified lease, including its restricted and exclusive user clauses, does 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, it does not offend against Section 4(1) of the Competition Act 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between Douglas Developments Ltd and Peter Mark in relation to the lease of Unit 15, Douglas Court Shopping Centre, does not offend against Section 4(1) of the Competition Act 1991.