Repeal of the Land Agreements Exclusion Order 2004 – Update

23 July, 2010

We reported in March that the Land Agreements Exclusion Order 2004 (“Exclusion Order”), which provides that the UK competition law prohibition on anti-competitive agreements does not apply to land agreements, was due to be repealed on 6 April 2010, with a one year transitional period.

 

This date was missed and the timing of the repeal, and the length of any transitional period, will now depend upon the priorities of the new Government.

 

However, it is likely that the repeal will occur in the near future and following this repeal both new and existing land agreements will be subject to the prohibition on anti-competitive agreements. In view of this, it is advisable for companies to begin the process of assessing whether their land agreements comply with competition law.

 

Reviewed in 2015