FBD Developments (Cork) Ltd/Southern Health Board [1994] IECA 358 (12th October, 1994)

FBD Developments (Cork) Ltd/Southern Health Board [1994] IECA 358 (12th October, 1994)

The notified lease agreements, including the permitted user clause and standard restrictive covenants, do not have the object or effect of preventing, restricting, or distorting competition in the State and therefore do not offend Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 358
Parties
Notifier/lessor: FBD Developments (Cork) Ltd; Lessee: Southern Health Board
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991
Outcome
Certificate issued that the agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Lease Agreements, Permitted User Clauses, Competition Act 1991 Section 4, Restrictive Covenants
Competition Law Landlord and Tenant Law Lease Agreements Permitted User Clauses Competition Act 1991 Section 4 Restrictive Covenants

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Parties

FBD Developments (Cork) Ltd

Notifier/lessor

Southern Health Board

Lessee

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) or Licence Under Section 4(2) of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreements between FBD Developments (Cork) Ltd and Southern Health Board offend Section 4(1) of the Competition Act, 1991 by preventing, restricting, or distorting competition

Ratio Decidendi

The notified lease agreements, including the permitted user clause and standard restrictive covenants, do not have the object or effect of preventing, restricting, or distorting competition in the State and therefore do not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued that the agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued under Section 4(4) of the Competition Act, 1991.