Gard Hse Co./Bank of Ireland [1994] IECA 291 (10th March, 1994)

Gard Hse Co./Bank of Ireland [1994] IECA 291 (10th March, 1994)

The exclusive user clause and other lease restrictions do not prevent, restrict, or distort competition within the State, as alternative premises are available for competitors within the catchment area.

Citation
[1994] IECA 291
Parties
Landlord: Gardner House Company; Successor Landlord: The Institute of Chartered Accountants in Ireland; Tenant: The Governor and Company of Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Notification for Competition Certificate / Decision
Outcome
certificate issued
Legal Topics
Exclusive User Clauses, Lease Restrictions, Undertakings Under Competition Act
Competition Law Property Law Exclusive User Clauses Lease Restrictions Undertakings Under Competition Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Gardner House Company

Landlord

The Institute of Chartered Accountants in Ireland

Successor Landlord

The Governor and Company of Bank of Ireland

Tenant

Procedural Posture

Notification for Competition Certificate / Decision

Legal Issues

  1. 1 Whether the lease agreement between Gardner House Company and Bank of Ireland contains restrictions that offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The exclusive user clause and other lease restrictions do not prevent, restrict, or distort competition within the State, as alternative premises are available for competitors within the catchment area.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement does not offend against Section 4(1) of the Competition Act, 1991.