Riga Ltd/Power Supermarkets Ltd [1993] IECA 228 (15th December, 1993)

Riga Ltd/Power Supermarkets Ltd [1993] IECA 228 (15th December, 1993)

The Authority found that the lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services within the State, referencing its prior Notice regarding shopping centre leases.

Citation
[1993] IECA 228
Parties
Landlord: Riga Limited; Tenant: Power Supermarkets Limited
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate Under Competition Act 1991 / Decision
Outcome
certificate issued
Legal Topics
Restrictive Covenants in Leases, Exclusive User Clauses, Anti Competitive Agreements
Competition Law Commercial Property Law Restrictive Covenants in Leases Exclusive User Clauses Anti Competitive Agreements

Case Brief

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Parties

Riga Limited

Landlord

Power Supermarkets Limited

Tenant

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision

Legal Issues

  1. 1 Whether the lease agreement between Riga Limited and Power Supermarkets Limited contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The Authority found that the lease and its restrictive clauses do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services within the State, referencing its prior Notice regarding shopping centre leases.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Riga Limited and Power Supermarkets Limited does not offend against Section 4(1) of the Competition Act 1991.