Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Friday, 28 January 2011


Commercial property and anti-competitive restrictions

Commercial property and anti-competitive restrictions

From 06/04/2011 restrictions in commercial leases can be attacked as being anti-competitive and held to be unenforceable

Only if all four of the following conditions apply, will the restriction be enforceable, namely if the agreement contributes to improving production, distribution, or to promoting economic progress; allows consumers a fair share of the resulting benefits; it does not impose restrictions other than "indispensable" one; it will not eliminate competition

The classic example are shopping centre restrictions to protect monopoly by one business e.g. "the landlord covenants not to let any further retail unit for use as…"


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).