As part of the attack on the seeming monopoly of the large supermarkets, there are special arrangements allowing the release of some restrictive covenants benefiting those large retailers (ASDA, Co-op, M&S, Morrison, Sainsbury’s, Tesco and Waitrose). The Grocers Market Investigation (Controlled Land) Order 2010 contains unusual provisions for requiring these retailers to use their best endeavours to release specific restrictive covenants identified in the Order (within six months). In general terms, these are covenants that will be seen as restricting competition, and the Order also prohibits the enforcement of certain ‘exclusivity arrangements’.

There is still some uncertainty as to the impact this new Order will have, but those involved in transactions with those supermarkets should consider its relevance.