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A Superficial Analysis of Competitive Foreclosure Won’t Play in Peoria

A federal trial court rejected a hospital’s antitrust claims that it was substantially foreclosed from the market by its rival’s exclusive contracts with payors. The court concluded that foreclosure in healthcare services...more

The Tesco v. High Peak case: a timely reminder of the impact of competition law on restrictions in land agreements

Well advised property investors and developers will be aware of the interplay between competition law and land agreements and will note with interest the recent case of Tesco v. High Peak. In this case competition law was...more

Buyer Beware – Know Before You Wire: FTC and NAR Warn Home Buyers on Closing Costs Wire Transfer Phishing Scams

In a recent blog post on the Federal Trade Commission (FTC) Consumer Information blog, the FTC warned home buyers of an e-mail and wire transfer phishing scam in which hackers pose as real estate professionals or title...more

Competition law and commercial property leases

On 26 November 2015, the Court of Justice of the European Union (CJEU) handed down its judgment in Case C-345/14 Maxima Latvija on the application of competition law to a non-compete clause in a commercial property lease. The...more

Property Developer attacks Restrictive Covenant before the Competition Appeal Tribunal

A property developer, High Peak Developments, is alleging that a restrictive covenant affecting the land surrounding a Tesco superstore is anti-competitive. High Peak has brought a damages claim under the new fast-track...more

The Marriott-Starwood merger – Is bigger really better? Impact of the merger on hotel owners, franchisees and developers

The proposed merger between Marriott and Starwood will, by all accounts, create a behemoth in the hotel industry. If the merger goes through as planned, the combined company will be the world’s largest hotel company, with...more

Competition and Market Regulation Update: Prior consent clauses in commercial leases: Competition law clarification

The Court of Justice of the European Union (CJEU) has confirmed that any clause protecting an anchor tenant from competition in a new development should be analysed as to their effect on competition in the local market under...more

European Competition Law Newsletter – December 2015

The UK Competition and Markets Authority (CMA) regularly publishes compliance materials aimed at educating the business community in the UK. These are well worth a read by anyone involved in competition law compliance in the...more

German Federal Cartel Office declares Outlet Center’s Radius Clauses invalid

The German Federal Cartel Office (“FCO”) – Bundeskartellamt – recently published its decision regarding so-called Radius Clauses used by a factory outlet center (“Outlet Center”) in all its contracts with the tenants (Case...more

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under...more

European Competition Law Newsletter – April 2015

On 19 March 2015, the European Court of Justice (ECJ) handed down a significant judgment on the application of EU competition law to information exchange between competitors. ...more

Supermarkets' Land Agreements come under closer UK Competition Scrutiny

On 1 July 2012, the Office of Fair Trading ("OFT") will implement its powers under the Groceries Market Investigation (Controlled Land) Order 2010 (the "Groceries Order") to assess the competitive impact of land agreements...more

Abuse upon a use

How UK competition law now applies to user restrictions in leases - could landlords and tenants be liable to large fines? The exemption for land agreements has been abolished....more

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