Maeldoon/Bord Telecom Eireann and An Post [1993] IECA 269 (15th December, 1993)

Permitted user clauses and standard restrictive covenants in the notified lease agreements do not offend section 4(1) of the Competition Act, 1991 as they are not anti-competitive.

Citation: [1993] IECA 269
Parties: Applicant: Maeldoon Ltd; Respondent: Bord Telecom Eireann; Respondent: An Post
Jurisdiction: Ireland
Procedural Posture: Competition Notification / 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

Maeldoon Ltd

Applicant

Bord Telecom Eireann

Respondent

An Post

Respondent

Procedural Posture

Competition Notification / Decision

Legal Issues

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

Ratio Decidendi

Permitted user clauses and standard restrictive covenants in the notified lease agreements do not offend section 4(1) of the Competition Act, 1991 as they are not anti-competitive.

Court Disposition

certificate issued

Orders

Certificate issued stating the agreements do not offend section 4(1) of the Competition Act, 1991