AIB Investment Nominees Ltd, Duncove Ltd & Berryvale Ltd/ Irish Handcrafts Ltd [1993] IECA 246 (15th December, 1993)

AIB Investment Nominees Ltd, Duncove Ltd & Berryvale Ltd/ Irish Handcrafts Ltd [1993] IECA 246 (15th December, 1993)

The Competition Authority determined that the lease agreement, including its restrictive and exclusive user clauses, does 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.

Citation
[1993] IECA 246
Parties
Landlord: AIB Investment Nominees Limited; Landlord: Doncove Limited; Landlord: Berryvale Limited; Tenant: Irish Handcrafts Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Restrictive Covenants, Shopping Centre Leases, Exclusive User Clauses

Case Brief

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Parties

AIB Investment Nominees Limited

Landlord

Doncove Limited

Landlord

Berryvale Limited

Landlord

Irish Handcrafts Limited

Tenant

Procedural Posture

Competition Notification / Decision

  1. 1 Whether the lease agreement contains restrictive covenants that prevent, restrict, or distort competition under Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The Competition Authority determined that the lease agreement, including its restrictive and exclusive user clauses, does 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.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the lease agreement does not offend against Section 4(1) of the Competition Act, 1991.