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). In relation to this Order, see also the Explanatory Note on the Order (pdf 135kb) and our advice on the Order (pdf 80kb).
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.
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).
The Test (described in Schedule 4 to the CLO) is not yet in place. OFT will publish on this web site the Implementation Date of the Test at such time as it has in place the necessary software and procedures for carrying out the Test. The Implementation Date is expected to be around mid-2012.
This PowerPoint presentation (381kb) describes how the Test should work.
We have sought the views of the seven designated retailers on - see draft procedures for carrying out the Test (pdf 154kb) - by 23 December 2011.
If you have any questions relating to this Order and the Test, please contact bob.macdowall@oft.gsi.gov.uk.
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