Aviette Trust Co Ltd & Aviette Ltd/Musgraves Ltd [1993] IECA 218 (3rd December, 1993)

Aviette Trust Co Ltd & Aviette Ltd/Musgraves Ltd [1993] IECA 218 (3rd December, 1993)

The notified lease agreement, including its exclusive user and restrictive clauses, does 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 218
Parties
Landlord: Aviette Trust Company Ltd; Owner: Aviette Ltd; Tenant: Musgrave Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Exclusive User Clauses, Restrictive Covenants
Competition Law Shopping Centre Lease Exclusive User Clauses Restrictive Covenants

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Parties

Aviette Trust Company Ltd

Landlord

Aviette Ltd

Owner

Musgrave Ltd

Tenant

Procedural Posture

Competition Notification / Decision

Legal Issues

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

Ratio Decidendi

The notified lease agreement, including its exclusive user and restrictive clauses, does 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.