On 15 October the OFT published for consultation their first draft guidance following the revocation of the Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004 to help businesses understand how the Chapter I of the Competition Act 1998 against anti-competitive agreements will apply to land agreements from 6 April 2011.
Agreements between undertakings which restrict the way land can be used or the exercising of rights over the land are currently excluded from competition law scrutiny. However, after 6 April 2011 all existing and future agreements will be subject to competition law. The OFT's draft guidance is now being publicly consulted upon and may change, but nevertheless provides useful advice and worked examples for businesses as to how land agreements will be assessed and how competition law will apply in practice. The consultation period is open until 14 January 2011 and the OFT intends to publish its final guidance document later in 2011.
108/10 - 15 October 2010