TRF1 maintains CADE’s ban on radius clauses

On 2 February 2021, the Federal Regional Court of the 1st Region (TRF-1) confirmed the understanding of the Administrative Council for Economic Defense (CADE) regarding the prohibition of radius clauses imposed by Shopping Iguatemi São Paulo, in view of the decision in the first instance that had reversed the condemnation of the mall. The mall had been utilizing territorial restriction clauses in commercial lease agreements, preventing tenants from opening new stores within a 3 to 5 km radius.

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