Historically those involved in the property sector did not have to concern themselves with the Competition Act 1998 (“the Act”).

The Government has decided that from 6 April 2011 the exclusion order which had led to land agreements not being subject to the competition rules introduced by the Act is to be repealed.

One of the main reasons for the introduction of the exclusion order relating to land agreements under the Act was uncertainty. Given the scope of the Act, the Office of Fair Trading (“OFT”) was originally concerned that it would receive a substantial number of unnecessary notifications which would result in uncertainty in the property sector generally.

What has changed? The Government feel that the Act should now be uniformly applied, and the original concern relating to unnecessary notifications is no longer relevant given that organisations are no longer able to notify the OFT of their agreements to seek clearance.

From 6 April 2011, those in the property sector should give consideration to their land agreements to ensure compliance with the Act. The OFT are to publish detailed guidance in due course.

Watch this space…..

For more information on these issues please contact

Simon Jones

or your usual Lewis Silkin contact