Feresant Ltd/Power Supermarkets Ltd. [1993] IECA 131 (13th October, 1993)

Feresant Ltd/Power Supermarkets Ltd. [1993] IECA 131 (13th October, 1993)

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

Citation
[1993] IECA 131
Parties
Landlord: Feresant Ltd; Tenant: Power Supermarkets Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991
Legal Topics
Exclusive User Clauses, Restrictive Covenants, Shopping Centre Leases, Anti Competitive Agreements
Competition Law Commercial Property Law Exclusive User Clauses Restrictive Covenants Shopping Centre Leases Anti Competitive Agreements

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Parties

Feresant Ltd

Landlord

Power Supermarkets Ltd

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease agreement between Feresant Ltd and Power Supermarkets Ltd 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 restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State or any part thereof, and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991

Orders

  • The Competition Authority certifies that the agreement between Feresant Ltd and Power Supermarkets Ltd in relation to the lease at Galway Shopping Centre does not offend Section 4(1) of the Competition Act, 1991.