Comeragh/Cara Data Processing Ltd [1993] IECA 270 (15th December, 1993)

Comeragh/Cara Data Processing Ltd [1993] IECA 270 (15th December, 1993)

Permitted user clauses and standard restrictive covenants in the lease agreement do not have an anti-competitive object or effect and therefore do not offend section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 270
Parties
Applicant: Comeragh Properties Ltd; Respondent: Cara Data Processing Ltd
Jurisdiction
Ireland
Procedural Posture
Notification for Certificate or Licence Under Competition Act, 1991 / Decision on Notification
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Permitted User Clauses
Competition Law Property Law Lease Agreements Restrictive Covenants Permitted User Clauses

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Parties

Comeragh Properties Ltd

Applicant

Cara Data Processing Ltd

Respondent

Procedural Posture

Notification for Certificate or Licence Under Competition Act, 1991 / Decision on Notification

Legal Issues

  1. 1 Whether restrictive user clauses in the lease agreement offend section 4(1) of the Competition Act, 1991

Ratio Decidendi

Permitted user clauses and standard restrictive covenants in the lease agreement do not have an anti-competitive object or effect and therefore do not offend section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreements between Comeragh Properties Ltd and Cara Data Processing Ltd in relation to the lease of premises at Sheraton Centre, Glasheen Rd, Cork do not offend against section 4(1) of the Competition Act, 1991.