National Trust and Investment Co Ltd/ Tenants of Clondalkin Town Centre [1993] IECA 159 (3rd December, 1993)

The notified standard lease, 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 159
Parties: Notifier/landlord: National Trust and Investment Company Limited; Tenants/respondents: Tenants of Clondalkin Town Centre
Jurisdiction: Ireland
Procedural Posture: Competition Notification / Decision on Notification
Outcome: certificate issued; agreement does not offend section 4(1)
Legal Topics: Standard Lease, Restrictive Covenants, Exclusive User Clauses, Assignment and Underletting, Competition Assessment

Competition Law Property Law Standard Lease Restrictive Covenants Exclusive User Clauses Assignment and Underletting Competition Assessment

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Parties

National Trust and Investment Company Limited

Notifier/landlord

Tenants of Clondalkin Town Centre

Tenants/respondents

Procedural Posture

Competition Notification / Decision on Notification

Legal Issues

1 Whether the standard lease and its restrictive clauses prevent, restrict, or distort competition contrary to section 4(1) of the Competition Act, 1991.

Ratio Decidendi

Court Disposition

certificate issued; agreement does not offend section 4(1)

Orders

Certificate issued stating the standard agreement does not offend section 4(1) of the Competition Act, 1991.