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Commercial & competitive

13 May 2016 / Greville Healey , Jamie Sutherland
Issue: 7698 / Categories: Features , Brexit , Property
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Greville Healey & Jamie Sutherland consider EU competition law & retail leases

Section 2(1) of the Competition Act 1998 (the 1998 Act) prohibits agreements, decisions and practices which have as their “object or effect” the prevention, restriction or distortion of competition within the UK, unless they are exempt under s 9. This is defined by s 2(8) as “the Chapter I prohibition”. Until 6 April 2011, land agreements were excluded from the scope of the Ch I prohibition, but that exclusion was revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 (SI 2010/1709) (the 2010 Order). Accordingly, land agreements, including leases, are now subject to the Ch I prohibition.

In March 2011, just before the 2010 Order came into force, the Office of Fair Trading (OFT) published a guideline (the guideline) on the application of competition law to land agreements (OFT1280a). Since the Competition and Markets Authority (CMA) assumed many of the functions of the OFT in April 2014, it has retained the guideline, but with a health warning that it has

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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