The Austrian Supreme Court considers a shopping centre’s non-competition provision to be valid under the cartel-ban provision (McArthurGlen / Europark)

On 25 March, 2009, the Austrian Supreme Court ruled that a shopping centre's “radius-clause” provision (i.e. non-competition provision) is not anti-competitive because it does not make a significant contribution to the sealing-off effect brought about by the totality of such agreements in their economic and legal context owing to the shopping centre's lack of market power in the relevant market. Background This case is one of several cases on “radius clauses” recently handed down by Austrian courts [1] . Europark (Defendant), a shopping centre located on the outskirts of Salzburg City, has included “radius clause”-provisions into its tenancy contracts, which prohibit the opening of shops within the radius of 50 kilometres. According to McArthurGlen (Plaintiff) - currently erecting a

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Rainer Palmstorfer, The Austrian Supreme Court considers a shopping centre’s non-competition provision to be valid under the cartel-ban provision (McArthurGlen / Europark), 25 March 2009, e-Competitions Bulletin March 2009, Art. N° 27433

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