Pesenta and Power Supermarkets Ltd/ Tenants of Merrion Shopping Centre [1993] IECA 177 (3rd December, 1993)

Pesenta and Power Supermarkets Ltd/ Tenants of Merrion Shopping Centre [1993] IECA 177 (3rd December, 1993)

The Competition Authority found that the standard 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 177
Parties
Lessor: Pesenta; Lessee: Power Supermarkets Ltd; Tenants: Tenants of Merrion Shopping Centre
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate or Licence Under Competition Act 1991 / Decision
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Restrictive Covenants, Exclusive User Clauses
Competition Law Property Law Shopping Centre Lease Restrictive Covenants Exclusive User Clauses

Case Brief

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Parties

Pesenta

Lessor

Power Supermarkets Ltd

Lessee

Tenants of Merrion Shopping Centre

Tenants

Procedural Posture

Notification for Certificate or Licence Under Competition Act 1991 / Decision

Legal Issues

  1. 1 Whether the standard lease agreement contains clauses that prevent, restrict, or distort competition under Section 4(1) of the Competition Act 1991

Ratio Decidendi

The Competition Authority found that the standard 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

  • Certificate issued stating the lease does not offend Section 4(1) of the Competition Act 1991