Cosine/C O'Sullivan [1994] IECA 282 (4th February, 1994)

Cosine/C O'Sullivan [1994] IECA 282 (4th February, 1994)

The lease agreement, including its restrictive covenants and permitted user clauses, does not have the object or effect of preventing, restricting or distorting competition within the State and therefore does not offend section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 282
Parties
Lessor: Cosine Ltd; Lessee: Con O'Sullivan
Jurisdiction
Ireland
Procedural Posture
Notification for Competition Certificate/licence / Decision
Outcome
certificate issued
Legal Topics
Lease Agreements, Restrictive Covenants, Anti Competitive Agreements
Competition Law Property Law Lease Agreements Restrictive Covenants Anti Competitive Agreements

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Parties

Cosine Ltd

Lessor

Con O'Sullivan

Lessee

Procedural Posture

Notification for Competition Certificate/licence / Decision

Legal Issues

  1. 1 Whether the lease agreement between Cosine Ltd and Con O'Sullivan contains provisions that offend section 4(1) of the Competition Act, 1991

Ratio Decidendi

The lease agreement, including its restrictive covenants and permitted user clauses, does not have the object or effect of preventing, restricting or distorting competition within the State and therefore does not offend section 4(1) of the Competition Act, 1991.

Court Disposition

certificate issued

Orders

  • The Competition Authority certifies that the agreement between Cosine Ltd and Con O'Sullivan does not offend against section 4(1) of the Competition Act, 1991.