Galway Homes Ltd/Ballybane Pharmacy Ltd [1993] IECA 231 (15th December, 1993)

The lease and its restrictive clauses do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or any part of the State.

Citation: [1993] IECA 231
Parties: Landlord: Galway Homes Ltd; Tenant: Ballybane Pharmacy Ltd
Jurisdiction: Ireland
Procedural Posture: Notification for Certificate Under Competition Act 1991 / Decision
Outcome: certificate issued
Legal Topics: Shopping Centre Lease, Exclusive User Clauses, Restricted User Clauses

Competition Law Property Law Shopping Centre Lease Exclusive User Clauses Restricted User Clauses

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Parties

Galway Homes Ltd

Landlord

Ballybane Pharmacy Ltd

Tenant

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision

Legal Issues

1 Whether the lease agreement between Galway Homes Ltd and Ballybane Pharmacy Ltd violates Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease and its restrictive clauses do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or any part of the State.

Court Disposition

certificate issued

Orders

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