National Carways Ltd/ Caddens Pharmacy Ltd [1993] IECA 95 (13th October, 1993)

National Carways Ltd/ Caddens Pharmacy Ltd [1993] IECA 95 (13th October, 1993)

The lease, including 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 thereof.

Citation
[1993] IECA 95
Parties
Lessor: National Carways Ltd; Lessee: Cadden's Pharmacy Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Competition Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

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Parties

National Carways Ltd

Lessor

Cadden's Pharmacy Ltd

Lessee

Procedural Posture

Competition Notification / Decision

Legal Issues

  1. 1 Whether the lease agreement between National Carways Ltd and Cadden's Pharmacy Ltd violates Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease, including 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 thereof.

Court Disposition

certificate issued

Orders

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