Competition — stifle it at your peril
Some four years ago, the Competition Act 1988 (Land Agreements Exclusion Revocation Order) 2010 came into effect, repealing the special exclusion relating to the application of the Chapter 1 prohibition of the Competition Act 1988 to land agreements.
Agreed, it’s a bit of a mouthful but the consequences of the order for land agreements are significant. Since April 2011, any land agreement that may affect trade within the UK and has as its object or effect the prevention, restriction or distortion of competition within the UK will be void and unenforceable.
In the past, supermarket operators commonly used land agreements to restrict how land could be used or how a right over land could be exercised. Typically, such operators employed restrictive covenants on the transfer of freehold land as a means of limiting the availability of prime land for competitors to develop completing stores. It’s a nice trick but getting away with it is clearly not going to be quite so easy now…
Click on the link below to read the rest of the Gateley briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Briefings from Gateley Plc
In a decision that will have Lassie, Petra and Shep barking from their graves, the High Court has ruled that a dog is not a person.
When a company is granting a guarantee (or, indeed, any third party security), the guarantee must serve the guarantor company’s own commercial interests.
Analysis from The Lawyer
Gateley bigshots see personal wealth soar on flotation, but face penalties for early exit .
Gateley is to float on the London Stock Exchange, becoming the first UK firm to list itself as a public limited company. But why would a firm would look to float, and what it could mean for the industry?