The EU Court of Justice provides guidance on the notion of restriction by object in the context of commercial lease contracts (Maxima Latvija)

Traditionally, land agreements do not attract much scrutiny under competition law, although certain restrictive covenants and rights may raise issues. When issues do arise, they tend to be considered at national level rather than European Union level, as the effect on trade is rarely cross-border. In the UK, for example, a user clause within a lease was the subject of litigation in the Martin Retail Group case and was ultimately found to be void and unenforceable by the court. A Latvian case, Maxima Latvija, has now provided an opportunity for the European Court of Justice (ECJ) to give further guidance on commercial lease terms. The ECJ considered the right of an anchor tenant to object to leasing of retail space to third parties and how this right should be analysed under

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  • Simmons & Simmons (London)

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Peter Broadhurst, The EU Court of Justice provides guidance on the notion of restriction by object in the context of commercial lease contracts (Maxima Latvija), 26 November 2015, e-Competitions Bulletin November 2015, Art. N° 76933

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