The Competition Appeal Tribunal: a new venue for challenging restrictive covenants?

Source: St John’s Chambers
Barrister: Matthew O’Regan
Area of Law: Competition
Date: 13th June 2016
Summary:  Matthew O’Regan considers how competition law may be used as a means of challenging the validity of restrictive covenants contained in land transfer agreements, leases and business sale agreements. In particular, he considers the use of a new ‘fast track’ procedure in the Competition Appeal Tribunal, which may be a quick and relatively low-cost alternative to High Court proceedings, particularly for individuals and micro, small and medium-sized enterprises.

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