Richfield Investments Ltd/Five Star Supermarket [1993] IECA 252 (15th December, 1993)

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

Citation: [1993] IECA 252
Parties: Landlord: Richfield Investments Ltd; Tenant: Five Star Supermarket
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome: Certificate issued that the agreements do 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 Property Law Exclusive User Clauses Restrictive Covenants Shopping Centre Leases Anti Competitive Agreements

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Parties

Richfield Investments Ltd

Landlord

Five Star Supermarket

Tenant

Procedural Posture

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

Legal Issues

1 Whether the leases and their restrictive/exclusive user clauses prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

Court Disposition

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

Orders

Certificate issued under Section 4(4) of the Competition Act, 1991 confirming the notified agreements do not offend Section 4(1).