Martin Retail Group Ltd v Crawley Borough Council [2013] EW Misc 32 (CC) – Law Journals

Competition Law: Double trouble

Matthew Hall reports on the expansion of competition law litigation in the EU ‘Damages cases and settlements of damages claims are just one facet of this evolving story. There have been several court cases in the UK which demonstrate the breadth of competition law arguments available to parties.’Each time the European Commission (EC) hands down …

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Chapter I Of The Competition Act 1998: Object and effect

Andrew Francis considers the EUCJ decision in Groupement des cartes bancaires and its relevance to land agreements within Chapter I of the 1998 Act and Art 101 of the TFEU ‘This decision will force the Commission (and the CMA when concerned) to alter its policy of treating agreements as violating Art 101 by virtue of …

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Competition Law: Restrictive covenants considered

Will restrictive covenants pass the tests under Chapter 1 of the Competition Act 1998? Andrew Francis outlines a recent case ‘The relevant issue for the purposes of this article is whether the covenants infringed s2 of the 1998 Act, and if so whether there was any defence to that infringement.’Hot on the heels of the …

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Competition Law: The special responsibility of dominant owners

Andrew Francis and Suzanne Rab reflect on the implications of an Indian competition law case on UK real estate development ‘In light of the experience to date in this area, great caution is needed when applying the law on abuse of dominance in the real estate sector.’ India’s specialist competition appeal tribunal, the Compat, has …

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Competition Law: The fire and Furnace of land covenants

Andrew Francis and Suzanne Rab assess the first reported case on how competition law applies to land covenants ‘Ignorance is no defence. After more than three years since the Revocation Order it is now time for all property advisers and agents to become aware of Chapter I and its implications.’The town of Crawley lies on …

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