Cornelscourt S. C. [1993] IECA 49 (5th October, 1993)

Cornelscourt S. C. [1993] IECA 49 (5th October, 1993)

The lease and its restrictive 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 or any part of the State; therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 49
Parties
Applicant: Peter Mark; Respondent: Cornelscourt Shopping Centre Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
certificate granted
Legal Topics
Anti Competitive Agreements, Exclusive Use Clauses, Shopping Centre Leases
Competition Law Anti Competitive Agreements Exclusive Use Clauses Shopping Centre Leases

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Parties

Peter Mark

Applicant

Cornelscourt Shopping Centre Ltd

Respondent

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement between Cornelscourt Shopping Centre Ltd and Peter Mark contains clauses that prevent, restrict or distort competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease and its restrictive 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 or any part of the State; therefore, the agreement does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

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