Podcast Location:
Download it here [file size: 22.6 MB]
Categories:
Competition Law & Anti-Trust
Commercial Property
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at property lawyers and those involved in land transactions, whether they be lawyers, developers, conveyancers or land agents. It addresses the repeal of an exemption that took many land agreements outside the scope of EU competition laws until April 2011. This podcast focuses on what this means for professionals advising and drafting agreements in support of a transaction involving land going forward and aims to introduce real estate lawyers to an area with which there has been little historic overlap.

Outcomes:
After completing the course you will:
  • Understand the reasons why land agreements have not been subject to competition law;
  • Why that position has changed;
  • What is meant to be a qualifying land agreement subject to the Chapter I prohibition;
  • Have understood the main guidance from the OFT;
  • Understand how to assess the market for the purposes of acid-testing the compatibility of a given agreement with competition law;
  • Understand when an agreement will have an appreciable effect on competition;
  • Understand the compatibility issues surrounding common forms of agreement including exclusivity arrangements and restrictive covenants in leasehold and freehold commercial premises;
  • Be aware of the scope of exemptions that may apply to a prima facie anti-competitive agreement;
  • Be aware of the likely instances in which competition may arise when putting a property deal together;
  • Know the key practical points to take away that will help to avoid or easily resolve any competition problem that arises.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Legislative Updates
Practical Guide
Sources and References:
  • Competition Act 1998;
  • Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004;
  • Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010;
  • Treaty on the Functioning of the European Union Art. 101.
Tags:

This podcast is concerned with the compatibility of commercial land agreements with EU competition rules brought into English law by Chapter 1 of the Competition Act 1998. Previously outside the scope of Chapter 1, this podcast will be relevant to all commercial property lawyers who will now need to review all existing and prospective land agreement documentation.

Podcast added: 16/11/11

Podcast last reviewed: 2012-05-01

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