CASE COMMENTS: CARTELS – PRELIMINARY RULING – COMERCIAL LEASE AGREEMENT 

Object or effect: The Court of Justice of the European Union considers that a commercial lease agreement giving a right to the anchor tenant to prevent the lessor from letting commercial premises to third parties is not a restriction of competition by object but may constitute a restriction by effect in case it leads to the closing-off of the market (Maxima Latvija)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Has Jean de la Fontaine ever warned us, albeit in a completely different vein, that it is not without danger to want to look bigger than oneself? Would it be the same, under the Union's competition rules, for a tenant wishing to exercise the prerogatives of a lessor? That is, in substance, the question referred by the Latvian Supreme Court to the Court of Justice for a preliminary ruling in a dispute between the company Maxima Latvija (hereinafter 'Maxima'), a player in the retail sector, and the Latvian Competition Authority. The latter, after analysing 119 contracts concluded by Maxima, had found that twelve of them "contained a clause []granting […]it,

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Object or effect: The Court of Justice of the European Union considers that a commercial lease agreement giving a right to the anchor tenant to prevent the lessor from letting commercial premises to third parties is not a restriction of competition by object but may constitute a restriction by effect in case it leads to the closing-off of the market (Maxima Latvija), 26 November 2015, Concurrences N° 1-2016, Art. N° 77696, pp. 81-82

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