G.D. Investments (Galway) Ltd/Michael Breen [1993] IECA 234 (15th December, 1993)

G.D. Investments (Galway) Ltd/Michael Breen [1993] IECA 234 (15th December, 1993)

The notified lease, 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 or any part of the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 234
Parties
Lessor: G. D. Investments (Galway) Ltd; Lessee: Michael Breen
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Certificate Under Competition Act, 1991
Outcome
certificate granted
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive Use Clauses, Section 4 Competition Act 1991
Competition Law Property Law Shopping Centre Lease Restrictive Covenants Exclusive Use Clauses Section 4 Competition Act 1991

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Parties

G. D. Investments (Galway) Ltd

Lessor

Michael Breen

Lessee

Procedural Posture

Competition Notification / Decision on Certificate Under Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement between G. D. Investments (Galway) Ltd and Michael Breen offends Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified lease, 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 or any part of the State and therefore does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

certificate granted

Orders

  • The Competition Authority certifies that the agreement between G. D. Investments (Galway) Ltd and Michael Breen in relation to the lease does not offend against Section 4(1) of the Competition Act, 1991.