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)
2016 - S. Troch and C. Sbrolli - The EU Court of Justice rules on limited exclusivity restriction in lease agreements and concludes that it is not a restriction by object .pdf
[en] 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.
Precision for document type :
Analysis of case law/Statutory reports
Disciplines :
European & international law
Author, co-author :
Troch, Simon ; Université de Liège - ULiège > Département de droit > Institut d'études juridiques européennes F. Dehousse
Sbrolli, Cecilia; K&L Gates
Language :
English
Title :
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)
