Last edited 28 Oct 2013

Competition law

In June 2012 the Office of Fair Trading (OFT) announced the introduction of a new right for businesses to apply to have restrictive covenants and exclusivity arrangements excluded from land agreements when these provide unfair protection in favour of large supermarkets.

Large supermarkets frequently benefit from such restrictions and the OFT hopes that this measure will enhance local competition by protecting land for use by smaller retailers.

A new challenge procedure enables the OFT to examine relevant local conditions with a view to removing any contractual of lease condition conferring an unfair advantage to any of the following supermarket groups:

  • Asda Stores Limited
  • Co-Operative Group Limited
  • Marks and Spencer PLC
  • William Morrison Supermarkets PLC
  • Sainsbury PLC
  • Tesco PLC
  • Waitrose PLC

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