L & C Properties Ltd/Power Supermarkets Ltd [1993] IECA 207 (3rd December, 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, as it allows for the location of competing outlets and does not restrict competition.

Citation: [1993] IECA 207
Parties: Landlord: L & C Properties Ltd; Tenant: Power Supermarkets Ltd
Jurisdiction: Ireland
Procedural Posture: Competition Authority Notification / Decision on Certificate Under Section 4(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, 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

L & C Properties Ltd

Landlord

Power Supermarkets Ltd

Tenant

Procedural Posture

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

Legal Issues

1 Whether the lease agreement between L & C Properties Ltd and Power Supermarkets Ltd prevents, restricts, or distorts competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

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

Orders

Certificate issued under Section 4(4) of the Competition Act, 1991.