Docklands Solicitor

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…"

Labels: commercial property anti-competitive restrictions shopping centre lease