The UK Office of Fair Trading issues a short form opinion clarifying the application of competition law to recommendations by two rural associations to their members concerning the prices to be charged for access to land (Broadband Wayleave Rates)

Introduction The Office of Fair Trading ('OFT') in a Short Form Opinion dated 23 August 2012 has indicated that a proposed price recommendation to be made by two rural associations, the National Farmers' Union (NFU) and the Country Land and Business Association (CLA) (collectively the Parties) would be likely to infringe s.2 of the Competition Act 1998 (CA 98) (the national equivalent of Article 101 TFEU) but would meet the criteria for an individual exemption. The purpose of a Short Form Opinion is to assist the parties in assessing compliance with competition law. It is not a "clearance" and is not binding on the OFT (or any other competition authority) but is intended to provide guidance to a wider audience on the application of competition law to novel or unresolved questions.

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  • Herbert Smith Freehills (London)

Quotation

Stephen Wisking, The UK Office of Fair Trading issues a short form opinion clarifying the application of competition law to recommendations by two rural associations to their members concerning the prices to be charged for access to land (Broadband Wayleave Rates), 23 August 2013, e-Competitions Bulletin August 2012, Art. N° 57312

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