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Land agreements & Competition Act

09 November 2010

Since the Competition Act 1998 came into force, certain agreements relating to land have been exempt from anti-competition rules. That exemption is to be revoked next year. From 6 April 2011, land agreements that prevent, restrict or distort competition will be void and unenforceable.

The OFT have just released draft guidance, aimed at helping businesses respond to this change in the law. Businesses are being invited to give feedback on the draft guidance by 14 January 2011.

In their statement, the OFT have said: “In the vast majority of cases we would not expect land agreements to raise competition problems. However terms which restrict the process of competition, for example clauses to stop competitors from using land, can be problematic. This guidance is designed to reassure companies when there is unlikely to be a problem and help them assess when they need to take professional advice.”

The draft guidance can be downloaded from the Land Agreements Guidance consultation page

If you need clear and pragmatic legal advice, we’re here to help so please get in touch.

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Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Nigel Whittaker BA (Hons)
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