Max Developments Ltd/Pride and Joy Ltd [1993] IECA 39 (5th October, 1993)

Max Developments Ltd/Pride and Joy Ltd [1993] IECA 39 (5th October, 1993)

The lease and its restrictive user clauses do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State; therefore, the agreement does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 39
Parties
Landlord: Max Developments Ltd; Tenant: Pride and Joy Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Restricted User Clause, Exclusive User Clause, Section 4 Competition Act 1991
Competition Law Shopping Centre Lease Restricted User Clause Exclusive User Clause Section 4 Competition Act 1991

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Parties

Max Developments Ltd

Landlord

Pride and Joy Ltd

Tenant

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between Max Developments Ltd and Pride and Joy Ltd offends Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease and its restrictive user clauses do not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State; therefore, the agreement does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate issued

Orders

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