Arthur's Quay Developments Ltd/ Power Supermarkets Ltd [1993] IECA 245 (15th December, 1993)

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

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Parties

Arthur's Quay Developments Limited

Landlord

Power Supermarkets Limited

Tenant

Procedural Posture

Competition Notification / Decision

  1. 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.