Max Developments Ltd/ McCormack [1993] IECA 40 (5th October, 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 in the State.
- Citation
- [1993] IECA 40
- Parties
- Landlord: Max Developments Ltd; Tenant: Wilhelmina McCormack
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Authority Notification / Decision
- Outcome
- certificate issued
- Legal Topics
- Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Case Brief
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Parties
Max Developments Ltd
Landlord
Wilhelmina McCormack
Tenant
Procedural Posture
Competition Authority Notification / Decision
Legal Issues
- 1 Whether the lease agreement between Max Developments Ltd and Wilhelmina McCormack violates 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 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.
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