M P O'Brien (Maynooth) Ltd (now Nabola Developments Ltd)/Sports Locker Ltd [1993] IECA 133 (13th October, 1993)
The notified lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State, and therefore does not offend Section 4(1) of the Competition Act 1991.
- Citation
- [1993] IECA 133
- Parties
- Landlord: M. P. O'Brien (Maynooth) Ltd (now Nabola Developments Ltd); Tenant: Sports Locker Ltd
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Notification
- Outcome
- certificate issued; agreement does not offend Competition Act
- Legal Topics
- Shopping Centre Leases, Restrictive Covenants, Exclusive User Clauses
Case Brief
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Parties
M. P. O'Brien (Maynooth) Ltd (now Nabola Developments Ltd)
Landlord
Sports Locker Ltd
Tenant
Procedural Posture
Competition Notification / Decision on Notification
Legal Issues
- 1 Whether the lease agreement and its restrictive clauses prevent, restrict, or distort competition contrary to Section 4(1) of the Competition Act 1991
Ratio Decidendi
The notified lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting, or distorting competition in the State, and therefore does not offend Section 4(1) of the Competition Act 1991.
Court Disposition
certificate issued; agreement does not offend Competition Act
Orders
- The Competition Authority certifies that the agreement does not offend Section 4(1) of the Competition Act 1991.
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