Todd Burns/Power Supermarkets [1994] IECA 309 (21st April, 1994)

Todd Burns/Power Supermarkets [1994] IECA 309 (21st April, 1994)

The lease agreement, including restrictive covenants, does not offend Section 4(1) of the Competition Act, 1991, as it does not prevent, restrict, or distort competition within the State.

Citation
[1994] IECA 309
Parties
Landlord: Todd Burns & Company Limited (now ABF Properties Limited); Tenant: Power Supermarkets Limited
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate/licence Under Competition Act 1991 / Decision by Competition Authority
Outcome
certificate issued
Legal Topics
Restrictive Covenants, Lease Agreements, Anti Competitive Agreements
Competition Law Property Law Restrictive Covenants Lease Agreements Anti Competitive Agreements

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Parties

Todd Burns & Company Limited (now ABF Properties Limited)

Landlord

Power Supermarkets Limited

Tenant

Procedural Posture

Notification for Certificate/licence Under Competition Act 1991 / Decision by Competition Authority

Legal Issues

  1. 1 Does the lease agreement between Todd Burns & Company Ltd (now ABF Properties Ltd) and Power Supermarkets Ltd offend Section 4(1) of the Competition Act, 1991?

Ratio Decidendi

The lease agreement, including restrictive covenants, does not offend Section 4(1) of the Competition Act, 1991, as it does not prevent, restrict, or distort competition within the State.

Court Disposition

certificate issued

Orders

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