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NEWS FLASH: Judgment given in crucial Agents’ Mutual v. Gascoigne Halman case

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More than four months after the hearing finished, the Competition Appeal Tribunal this afternoon delivered its judgment on Agents’ Mutual’s ‘one other portal rule’.

At first sight, the judgment looks to be a complete victory for Agents’ Mutual, in terms of the legality of the ‘one other portal’ rule, the exclusion of online-only agents, and the exclusivity.

In a summary of the judgment, the tribunal says that the ‘one other portal’ rule “was in any event, objectively necessary to the “Arrangements” (the various rules which bind members of Agents’ Mutual, namely the listing agreement, articles of association and membership rules) as a whole, which were pro-competitive.”

The judgment further says: “The rule did not form part of a wider concerted practice to ‘boycott’ Zoopla and was not invalid on that account.”

The case, between Agents’ Mutual and Connells brand Gascoigne Halman, was heard in February.

EYE will both update this story and issue more news once we – and others – have been able to assimilate the judgment in full.

The judgment is here: http://www.catribunal.org.uk/files/1262_Agents_Mutual_Judgment_CAT_15_050717.pdf

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Source:: NEWS FLASH: Judgment given in crucial Agents’ Mutual v. Gascoigne Halman case