Erin Executor and Trustee Co Ltd/Peter Mark [1993] IECA 98 (13th October, 1993)

Erin Executor and Trustee Co Ltd/Peter Mark [1993] IECA 98 (13th October, 1993)

The notified lease agreements, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State.

Citation
[1993] IECA 98
Parties
Landlord: Erin Executor and Trustee Company Ltd; Tenant: Peter Mark
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Exclusive User Clauses
Competition Law Lease Agreements Restrictive Covenants Exclusive User Clauses

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Parties

Erin Executor and Trustee Company Ltd

Landlord

Peter Mark

Tenant

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the lease agreements between Erin Executor and Trustee Company Ltd and Peter Mark offend Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified lease agreements, including restricted and exclusive user clauses, do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreements between Erin Executor and Trustee Company Ltd and Peter Mark in relation to the lease of the premises at Dun Laoghaire Shopping Centre do not offend against Section 4(1) of the Competition Act, 1991.