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Restraint of trade

Shopping centre Covenant preventing lettings to competitors with “anchor tenant” – Supreme Court Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 Summary A covenant restricting a developer of a shopping centre from letting units to retailers in competition with its -anchor tenant- did not fall within the restraint of trade doctrine and was therefore enforceable. In doing so, the Supreme Court departed from the -pre-existing freedom- test for the doctrine, as enunciated by the majority…

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