On 29th June, the Government formally revoked the Land Agreement
Exclusion Order.
This revocation will not come into force until 6 April 2011
which means that the real estate industry has some further 10
months to assess the implications and to ensure compliance with the
Competition Act.
The abolition of the Order means that the exemption, which the
real estate sector had for land agreements will no longer
exist. They will now be treated in the same way as any other
commercial agreement and will be subject to the prohibition in the
1998 Act, which applies where an agreement affects competition and
trade in the UK.
Most land related agreements do not affect competition and
therefore the revocation will have no practical significance.
However, there are a number of obligations which may be entered
into between landlords and tenants and adjoining landowners, which
may potentially be anti-competitive. Take for example the
landlord agreeing at the insistence of a
