Hotel & Motel/Bank of Ireland [1994] IECA 292 (10th March, 1994)

Hotel & Motel/Bank of Ireland [1994] IECA 292 (10th March, 1994)

The lease restrictions, including exclusive use and assignment clauses, do not prevent, restrict, or distort competition within the State as alternative premises are available and such clauses are standard in landlord/tenant relationships.

Citation
[1994] IECA 292
Parties
Lessor: Hotel and Motel Enterprises Limited; Lessee: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate granted
Legal Topics
Lease Restrictions, Exclusive Use Clauses, Anti Competitive Agreements
Competition Law Landlord and Tenant Law Lease Restrictions Exclusive Use Clauses Anti Competitive Agreements

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Parties

Hotel and Motel Enterprises Limited

Lessor

The Governor and Company of the Bank of Ireland

Lessee

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether lease restrictions on use and assignment offend section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease restrictions, including exclusive use and assignment clauses, do not prevent, restrict, or distort competition within the State as alternative premises are available and such clauses are standard in landlord/tenant relationships.

Court Disposition

certificate granted

Orders

  • Certificate issued stating the agreement does not offend section 4(1) of the Competition Act 1991.