The ECJ has issued a judgment on a reference from a Latvian court on the application of Article 101 to a commercial lease agreement for the letting of a large shop located in a shopping centre, which contained a clause granting the lessee the right to oppose the letting by the lessor, in that centre, of commercial premises to other tenants. The ECJ held that the mere fact that a commercial lease agreement contains such a clause does not mean that the object of that agreement is to restrict competition. It also held that commercial lease agreements of this kind may be considered to be an integral part of an agreement having the effect of preventing, restricting or distorting competition within the meaning of Article 101, if they make an appreciable contribution to the closing-off of the relevant market. Click here.