Competition Act 1998 – how may it affect commercial leases and freehold properties?

London law firm Speechly Bircham LLP has posted a blog on its website that discusses the implications of the Competition Act 1998 on the commercial property sector. It notes that since 2011 HM government repealed an exclusion order which had previously protected land agreements including commercial leases and freeholds from the effects of the Act. The article suggests that some agreements which contain ‘use restrictions’ and ‘exclusivity clauses’ might be construed as anti-competitive and fall foul of competition law. It is highlighted that penalties can be very severe.