Competition Law And Land Agreements - Practical Illustrations

As we saw in our previous briefing note, a land agreement will fall foul of the Competition Act if it has as its object or effect the restriction of competition, unless it is exempt.

The relevant market

In assessing whether provisions within a land agreement fall foul of the Competition Act the first thing to identify is the market that you are considering. An agreement which restricts the sale of electrical equipment out of premises in Bradford is going to be relevant to the market for electrical equipment in Bradford, but is of no consequence to the market for electrical goods in London or the market for children's clothes in Bradford. So when considering whether a restriction falls foul of the Competition Act you need to identify what the relevant market is and then consider what the effect on that market is.