Anti-competitive land covenants back before the High Court

After identifying restrictive land covenants as a particular issue in its Retail Grocery Sector Market Study, on 19 June 2024 the Commerce Commission filed a proceeding in the High Court against Foodstuffs North Island in relation to such covenants.

The Commission has alleged that anti-competitive land covenants were lodged by the supermarket operator with the purpose of blocking competitors from opening rival supermarkets at particular sites and developing existing ones at several locations across the lower North Island. The proceeding has been settled between the parties and the Court will determine any orders to be made in relation to Foodstuffs North Island in due course.

Land covenants and competition law