VO'R Investments Ltd/ Power Leisure Ltd [1993] IECA 157 (3rd December, 1993)

The lease and its restrictive covenants do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services in the State.

Citation: [1993] IECA 157
Parties: Landlord: V. O'R Investments Limited; Tenant: Power Leisure Limited
Jurisdiction: Ireland
Procedural Posture: Notification for Certificate or Licence Under Competition Act 1991 / Decision by Competition Authority
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

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Parties

V. O'R Investments Limited

Landlord

Power Leisure Limited

Tenant

Procedural Posture

Notification for Certificate or Licence Under Competition Act 1991 / Decision by Competition Authority

Legal Issues

1 Whether the lease agreement and its restrictive covenants offend Section 4(1) of the Competition Act 1991

Ratio Decidendi

The lease and its restrictive covenants do not have the object or effect of preventing, restricting, or distorting competition in trade in goods or services in the State.

Court Disposition

certificate issued

Orders

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