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ARTICLE · 06 OCTOBER 2009

Competition Commission Decision On Planning Competition Test For Grocery Sector

CMS Cameron McKenna Nabarro Olswang
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Following reconsideration, the Competition Commission (CC) has decided to renew its recommendation to the government that a competition test be implemented within the planning system ("the Competition Test").

United KingdomAntitrust/Competition Law
John Markham
John Markham

Following reconsideration, the Competition Commission (CC) has decided to renew its recommendation to the government that a competition test be implemented within the planning system ("the Competition Test"). However, the CC has made one modification to the Competition Test, namely that one extension per store of up to 300 square metres' groceries sales area should be permitted once in a five year period ("de minimis exception").

Under the Competition Test, the Office of Fair Trading would provide advice to Local Planning Authorities (LPAs) on whether a particular retailer would pass the test. The Competition Test would be passed if within the area bounded by a 10-minute drive time of the development site:

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