Recently, the CMA fined Heathrow Airport £1.6 million for breaching competition law by including a price restriction in a rental agreement with a hotel. in Scotland, the interests of a lease and other hereditary rights on or on land, such as.B. Inheritance documents Do not make similar mistakes: Regularly check that your land contracts comply with the law. Good and bad practices for companies that verify land contracts The UK government has therefore decided to introduce all land agreements within the full scope of competition law, including agreements already in force. For the first time, the Competition and Markets Authority (“CMA”) has taken steps to enforce competition law in a land agreement case. Heathrow Airport (Heathrow) and the operator of the Arora Group (Arora) have acknowledged a breach of Chapter 1 of the Competition Act in the context of an anti-competitive agreement on car parks. Arora was granted full immunity, while Heathrow was fined £1.6 million in a transaction with the CMA. The following guidelines are useful for businesses in the context of the review of land contracts. When the Competition Act entered into force in 1998, land agreements were excluded from its scope. This exclusion ended on April 6, 2011. Shortly before that date, the CMA`s predecessor issued guidelines explaining how land agreements would be assessed under UK competition law. (ii) restrictions that prevent competitors from entering a market where the land is used or protect part of the competition of its competitors.
At the same time, the CMA sent a series of warning letters to other airports and hotel operators, believing that there were reasonable grounds to suspect that similar restrictive agreements could have been concluded. – The Guidelines confirmed that only a minority of the restrictions imposed in land agreements were likely to restrict competition law. Two main types of restrictions were highlighted: the Competition and Markets Authority (CMA) used its enforcement powers with regard to the limitation in a commercial lease agreement in a decision against Heathrow Airport and the Arora Group. Prior to 6 April 2011, many land agreements were excluded from non-competition. Land agreements entered into after that date or which continue beyond that date are not eligible for the exclusion and prohibition provided for in Chapter I of the Competition Act 1998 (the “CA 98” applies). However, this decision was the first time that the CMA had created enforcement measures in a land agreement case. Concluding a land agreement limiting the prices at which goods or services can be delivered from the land Land agreements contrary to competition law may also expose businesses to risk: entering into a land agreement limiting the use of the country for the division or division of territories or customers The UK Competition and Market Authority (CMA) has not Enforcement action has been taken or imposed fines in respect of land agreements. However, the decision to fine Heathrow Airport £1.6 million in 2018 indicates that the CMA is increasingly looking into restrictions on land agreements.
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