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 Until 6 April 2011, land agreements were excluded from the scope of the Ch I prohibition, but that exclusion was revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 (SI 2010/1709) (the 2010 Order).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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

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Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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