The EU Court of Justice rules on limited exclusivity restriction in lease agreements and concludes that it is not a restriction by object (Maxima Latvija)

In a preliminary reference judgment in the Maxima Latvija case, the Court of Justice of the EU (CJEU) has ruled that commercial lease agreements including a clause conferring on the anchor tenant the right to approve lease agreements that the property owner may conclude with third parties do not restrict competition ‘by object’. Consequently, a full analysis of the economic effects of the agreement in question is necessary to establish whether it impedes competition. The CJEU sets out the criteria to be applied to examine the competition impact of the agreement. I. The Parties SIA Maxima Latvija (hereinafter ‘Maxima’) is a major retailer in Latvia, where it operates a chain of large shops and hypermarkets. It mainly carries out its business in the food retail trade sector. The

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Authors

  • Liège University - IEJE
  • Liège University - IEJE

Quotation

Simon Troch, Cecilia Sbrolli, The EU Court of Justice rules on limited exclusivity restriction in lease agreements and concludes that it is not a restriction by object (Maxima Latvija), 26 November 2015, e-Competitions Bulletin November 2015, Art. N° 78000

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