Robert and Mary Tweedy/Power Leisure Ltd [1993] IECA 86 (5th October, 1993)
The notified lease, including its restrictive 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, and therefore does not offend Section 4(1) of the Competition Act 1991.
- Citation
- [1993] IECA 86
- Parties
- Lessor: Robert Tweedy; Lessor: Mary Tweedy; Lessee: Power Leisure Limited (trading as Paddy Power)
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
- Outcome
- certificate granted
- Legal Topics
- Exclusive User Clauses, Restrictive Covenants, Anti Competitive Agreements, Shopping Centre Leases
Case Brief
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Parties
Robert Tweedy
Lessor
Mary Tweedy
Lessor
Power Leisure Limited (trading as Paddy Power)
Lessee
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Legal Issues
- 1 Whether the lease agreement and its restrictive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act 1991
Ratio Decidendi
The notified lease, including its restrictive 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, and therefore does not offend Section 4(1) of the Competition Act 1991.
Court Disposition
certificate granted
Orders
- Certificate issued that the agreement does not offend Section 4(1) of the Competition Act 1991
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