Business advice
Groceries – Controlled Land
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Introduction
On 10 August 2010, the Competition Commission published the Groceries Market Investigation (Controlled Land) Order 2010 (CLO). The purpose of the Order is to limit the ability of grocery retailers designated under the CLO as large grocery retailers to prevent land being used by their competitors for grocery retailing in the future.
For more information on the CLO see the explanatory notes on the Controlled Land Order.
The CLO is one of two Orders made following the Competition Commission's 2006-08 inquiry into the supply of groceries in the UK, the other being the Groceries Market Investigation (Supply Chain Practices) Order 2009 (pdf 182kb).
The designated Large Grocery Retailers
There are currently seven designated Large Grocery Retailers under the CLO, namely Tesco plc, J Sainsbury plc, Wm Morrison Supermarkets plc, Asda Stores plc, Co-operative Group Limited, Waitrose Limited and Marks and Spencer plc.
Notifying store acquisitions
Article 11 of the Order obliges these retailers to notify OFT about store acquisitions. This optional form may be used to make such notifications: Groceries - Controlled Land Article 11 notification form (Word 53kb).
Dealing with restrictive covenants and exclusivity arrangements - the 'Test'
The Test (described in Schedule 4 to the CLO) operates from 1 July 2012 - see our Implementation Date Notice (pdf 46kb).
This PowerPoint presentation (381kb) describes how the Test should work. Please see our procedures for carrying out the Test (pdf 479kb). These procedures were revised on 30 April 2013.
Further information
If you have any questions relating to this Order and the Test, please contact bob.macdowall@oft.gsi.gov.uk.
See further information on the application of competition law to land agreements.
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