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13 May 2016 / Greville Healey , Jamie Sutherland
Issue: 7698 / Categories: Features , Brexit , Property
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Commercial & competitive

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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 Until 6 April 2011, land agreements were excluded from the scope of the Ch I prohibition, but that exclusion was revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 (SI 2010/1709) (the 2010 Order).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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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