The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)

I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports' («ABP», the defendant) attempts to end HOTT‘s business tenancy over the Immingham Oil Terminal («IOT») under Part II of the Landlord and Tenant Act 1954 (the «Act»). The legal issue raised was somewhat novel; could a tenant resist their landlord's opposition to a renewal of the tenant's business lease on the basis that the landlord, in attempting to terminate the tenancy, was allegedly abusing their dominant position on the market? Although the issues arose in the context of strike out proceedings in a landlord and tenant claim, there are aspects of

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Jack Connah, The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports), 24 February 2011, e-Competitions Bulletin Energy & Access to facilities, Art. N° 41772

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