Timebrock Ltd/Duffy Group Old Bawn Ltd [1993] IECA 111 (13th October, 1993)

Timebrock Ltd/Duffy Group Old Bawn Ltd [1993] IECA 111 (13th October, 1993)

The notified lease, including its 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 of the State, and therefore does not offend Section 4(1) of the Competition Act 1991.

Citation
[1993] IECA 111
Parties
Landlord: Timebrock Ltd; Tenant: Duffy Group Old Bawn Ltd
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act 1991
Outcome
certificate issued
Legal Topics
Shopping Centre Lease, Exclusive User Clauses, Restrictive Covenants, Agreement Between Undertakings
Competition Law Shopping Centre Lease Exclusive User Clauses Restrictive Covenants Agreement Between Undertakings

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Parties

Timebrock Ltd

Landlord

Duffy Group Old Bawn Ltd

Tenant

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4 of the Competition Act 1991

Legal Issues

  1. 1 Whether the lease agreement between Timebrock Ltd and Duffy Group Old Bawn Ltd contains clauses that prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991

Ratio Decidendi

The notified lease, including its 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 of the State, and therefore does not offend Section 4(1) of the Competition Act 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Timebrock Ltd and Duffy Group Old Bawn Ltd does not offend against Section 4(1) of the Competition Act 1991.