Baytrust/Tenants of Old Douglas Premises [1993] IECA 268 (15th December, 1993)

Baytrust/Tenants of Old Douglas Premises [1993] IECA 268 (15th December, 1993)

The standard lease agreement, including permitted user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 268
Parties
Notifier/landlord: Baytrust Ltd; Tenants/respondents: Tenants of Old Douglas Premises
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification
Outcome
certificate issued
Legal Topics
Lease Agreements, Permitted User Clauses, Anti Competitive Agreements
Competition Law Property Law Lease Agreements Permitted User Clauses Anti Competitive Agreements

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Parties

Baytrust Ltd

Notifier/landlord

Tenants of Old Douglas Premises

Tenants/respondents

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

  1. 1 Whether the standard lease agreement between Baytrust Ltd and its tenants contains clauses that offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The standard lease agreement, including permitted user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • Certificate issued stating the standard lease agreement does not offend Section 4(1) of the Competition Act, 1991.