Erin Executor & Trustee Co Ltd /D Horkan Ltd [1993] IECA 94 (13th October, 1993)

Erin Executor & Trustee Co Ltd /D Horkan Ltd [1993] IECA 94 (13th October, 1993)

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.

Citation
[1993] IECA 94
Parties
Landlord: Erin Executor & Trustee Co Ltd; Tenant: D Horkan Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

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Parties

Erin Executor & Trustee Co Ltd

Landlord

D Horkan Ltd

Tenant

Procedural Posture

Competition Notification / Decision

Legal Issues

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

Ratio Decidendi

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.

Court Disposition

certificate issued

Orders

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