The EU Court of Justice finds limited exclusivity restriction in lease agreements not to be a restriction by object (Maxima Latvija)

On 26 November 2015, the European Court of Justice (“ECJ”) handed down its judgment in a request for a preliminary ruling in the proceedings between Maxima Latvija, a Latvian entity carrying out business predominantly in the food retail trade, and the Latvian Competition Council. By way of context, the Latvian Competition Council had imposed a fine of LVL 25,000 (approximately EUR 35,770) on Maxima Latvija for entering into several commercial lease agreements with shopping centres in Latvia which contained an “anchor tenant” clause in effect giving Maxima Latvija the right to prevent the shopping centres from renting to Maxima Latvija’s competitors commercial space that

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  • Van Bael & Bellis (Brussels)

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Andrzej Kmiecik, The EU Court of Justice finds limited exclusivity restriction in lease agreements not to be a restriction by object (Maxima Latvija), 26 November 2015, e-Competitions Bulletin November 2015, Art. N° 77179

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