Noonan Developments Ltd/Rayphael & Breid Kelly [1993] IECA 258 (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.

Citation: [1993] IECA 258
Parties: Lessor: Noonan Developments Ltd; Lessee: Rayphael and Breid Kelly
Jurisdiction: Ireland
Procedural Posture: Notification for Certificate Under Competition Act 1991 / Decision
Outcome: certificate issued
Legal Topics: Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses

Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Noonan Developments Ltd

Lessor

Rayphael and Breid Kelly

Lessee

Procedural Posture

Notification for Certificate Under Competition Act 1991 / Decision

Legal Issues

1 Whether the lease agreement between Noonan Developments Ltd and Rayphael and Breid Kelly prevents, restricts, or distorts competition under 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.

Court Disposition

certificate issued

Orders

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