Irish Life Assurance Plc/Eason and Son Ltd [1993] IECA 105 (13th October, 1993)

Irish Life Assurance Plc/Eason and Son Ltd [1993] IECA 105 (13th October, 1993)

The lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or in any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Citation
[1993] IECA 105
Parties
Notifier/lessor: Irish Life Assurance Plc; Lessee: Eason & Son Limited
Jurisdiction
Ireland
Procedural Posture
Competition Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991
Outcome
Certificate issued that the agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Exclusive Lease Clauses, Restrictive Covenants, Anti Competitive Agreements, Section 4 Competition Act 1991
Competition Law Exclusive Lease Clauses Restrictive Covenants Anti Competitive Agreements Section 4 Competition Act 1991

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Irish Life Assurance Plc

Notifier/lessor

Eason & Son Limited

Lessee

Procedural Posture

Competition Notification / Decision on Notification for Certificate Under Section 4 of the Competition Act, 1991

Legal Issues

  1. 1 Whether the lease agreement between Irish Life Assurance Plc and Eason & Son Limited, containing exclusive and restrictive user clauses, has the object or effect of preventing, restricting or distorting competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease agreement, including its restrictive and exclusive user clauses, does not have the object or effect of preventing, restricting or distorting competition in trade in any goods or services in the State or in any part of the State, and therefore does not offend against Section 4(1) of the Competition Act, 1991.

Court Disposition

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

Orders

  • The Competition Authority certifies that the agreement between Irish Life Assurance Plc and Eason & Son Limited in relation to the lease of the premises at the Irish Life Centre, Lower Abbey Street, Dublin 1, does not offend against Section 4(1) of the Competition Act, 1991.