Arthur's Quay Developments Ltd/ Power Supermarkets Ltd [1993] IECA 245 (15th December, 1993)
The lease and its restrictive and exclusive user clauses do 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 245
- Parties
- Landlord: Arthur's Quay Developments Limited; Tenant: Power Supermarkets Limited
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision
- Outcome
- certificate issued
- Legal Topics
- Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses
Case Brief
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Parties
Arthur's Quay Developments Limited
Landlord
Power Supermarkets Limited
Tenant
Procedural Posture
Competition Notification / Decision
Legal Issues
- 1 Whether the lease agreement between Arthur's Quay Developments Limited and Power Supermarkets Limited contravenes Section 4(1) of the Competition Act, 1991
Ratio Decidendi
The lease and its restrictive and exclusive user clauses do 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 agreement does not offend against Section 4(1) of the Competition Act, 1991.
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