Dunloe House Group plc/ Peter Mark [1993] IECA 176 (3rd December, 1993)

Dunloe House Group plc/ Peter Mark [1993] IECA 176 (3rd December, 1993)

The Competition Authority found that the lease agreement and its restrictive 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 176
Parties
Applicant: Peter Mark; Respondent: Dunloe House Group plc
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

Case Brief

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Parties

Peter Mark

Applicant

Dunloe House Group plc

Respondent

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between Peter Mark and Dunloe House Group plc offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Competition Authority found that the lease agreement and its restrictive 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 agreement does not offend against Section 4(1) of the Competition Act, 1991.