Letterkenny S.C. Ltd/Power Supermarkets Ltd [1993] IECA 229 (15th December, 1993)

Letterkenny S.C. Ltd/Power Supermarkets Ltd [1993] IECA 229 (15th December, 1993)

The notified agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in the State and therefore does not offend section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 229
Parties
Landlord: Letterkenny Shopping Centre Ltd; Tenant: Power Supermarkets Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act 1991
Outcome
certificate issued
Legal Topics
Restrictive Covenants, Exclusive User Clauses, Shopping Centre Leases
Competition Law Commercial Property Restrictive Covenants Exclusive User Clauses Shopping Centre Leases

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Parties

Letterkenny Shopping Centre Ltd

Landlord

Power Supermarkets Ltd

Tenant

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act 1991

Legal Issues

  1. 1 Whether the restrictive covenants and exclusive user clauses in the lease agreement prevent, restrict or distort competition under section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in 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 Letterkenny Shopping Centre Ltd and Power Supermarkets Ltd does not offend against section 4(1) of the Competition Act 1991.