Glenberg/Associated Rest [1994] IECA 295 (10th March, 1994)

Glenberg/Associated Rest [1994] IECA 295 (10th March, 1994)

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

Citation
[1994] IECA 295
Parties
Landlord: Glenberg; Lessee: Associated Restaurants (Ireland) Ltd
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate Under Competition Act 1991 / Decision Issued
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Permitted User Clauses
Competition Law Property Law Lease Agreements Restrictive Covenants Permitted User Clauses

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Parties

Glenberg

Landlord

Associated Restaurants (Ireland) Ltd

Lessee

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision Issued

Legal Issues

  1. 1 Whether the lease agreement between Glenberg and Associated Restaurants (Ireland) Ltd offends Section 4(1) of the Competition Act 1991

Ratio Decidendi

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

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Glenberg and Associated Restaurants (Ireland) Ltd does not offend Section 4(1) of the Competition Act 1991.