Glenberg/ K Coogan [1994] IECA 281 (4th February, 1994)
The notified lease agreement, including its restrictive covenants and permitted user clauses, does not offend against section 4(1) of the Competition Act, 1991, as such provisions are standard, necessary for the landlord/tenant relationship, and do not have the object or effect of restricting competition.
- Citation
- [1994] IECA 281
- Parties
- Notifier/landlord: Glenberg; Tenant: Kieran Coogan
- Jurisdiction
- Ireland
- Procedural Posture
- Competition Notification / Decision on Notification for Certificate Under Competition Act 1991
- Outcome
- certificate issued; agreement does not offend Competition Act
- Legal Topics
- Lease Agreements, Restrictive Covenants, Anti Competitive Agreements, Permitted User Clauses
Case Brief
Summary, issues, holding and outcome
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Parties
Glenberg
Notifier/landlord
Kieran Coogan
Tenant
Procedural Posture
Competition Notification / Decision on Notification for Certificate Under Competition Act 1991
Legal Issues
- 1 Whether the lease agreement between Glenberg and Kieran Coogan contains provisions that prevent, restrict, or distort competition contrary to section 4(1) of the Competition Act, 1991.
Ratio Decidendi
The notified lease agreement, including its restrictive covenants and permitted user clauses, does not offend against section 4(1) of the Competition Act, 1991, as such provisions are standard, necessary for the landlord/tenant relationship, and do not have the object or effect of restricting competition.
Court Disposition
certificate issued; agreement does not offend Competition Act
Orders
- Certificate issued stating the agreement does not offend section 4(1) of the Competition Act, 1991.
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