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13 May 2016 / Greville Healey , Jamie Sutherland
Issue: 7698 / Categories: Features , Brexit , Property
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Commercial & competitive

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Greville Healey & Jamie Sutherland consider EU competition law & retail leases

Section 2(1) of the Competition Act 1998 (the 1998 Act) prohibits agreements, decisions and practices which have as their “object or effect” the prevention, restriction or distortion of competition within the UK, unless they are exempt under s 9. This is defined by s 2(8) as “the Chapter I prohibition”. Until 6 April 2011, land agreements were excluded from the scope of the Ch I prohibition, but that exclusion was revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 (SI 2010/1709) (the 2010 Order). Accordingly, land agreements, including leases, are now subject to the Ch I prohibition.

In March 2011, just before the 2010 Order came into force, the Office of Fair Trading (OFT) published a guideline (the guideline) on the application of competition law to land agreements (OFT1280a). Since the Competition and Markets Authority (CMA) assumed many of the functions of the OFT in April 2014, it has retained the guideline, but with a health warning that it has

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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