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ARTICLE · 01 FEBRUARY 2019

‘Semi-Exclusive' Restrictions Could Be Considered Pro-Competitive

Shepherd and Wedderburn
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Through its very recent decision in, Gascoigne Halman Ltd v Agents' Mutual Ltd, the Court of Appeal (‘CA'), has upheld the Competition Appeal Tribunal's (‘CAT') findings ...

United KingdomAntitrust/Competition Law
Tripti Malhotra
Tripti Malhotra
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Through its very recent decision in, Gascoigne Halman Ltd v Agents’ Mutual Ltd, the Court of Appeal ('CA'), has upheld the Competition Appeal Tribunal's ('CAT') findings, while strengthening the hand of any firm looking to impose 'semi-exclusive' obligations/restriction of choice, for so as long as the firm concerned is a new entrant in a particular market, looking to compete with the existing market leaders (Zoopla and Rightmove in the present case).

Interestingly, the CA has agreed with the CAT regarding the pro-competitiveness of such an obligation (especially in absence of market power) and that it was an ‘objectively necessary’ arrangement. The CA has noted that given the obligation's economic and legal context, it was legitimate for the CAT to rule out a 'by object' restriction, as it did not reveal sufficient degree of harm. This is in alignment with the CAT’s finding that the ‘limited exclusivity’ provided by the restriction does not have the object of

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