OnTheMarket wins claim against Gascoigne Halman in long-awaited tribunal decision

OnTheMarket has won the Competition Appeal Tribunal case it brought against Gascoigne Halman after the agent, following its acquisition in October 2015 by Connells, refused to abide by OnTheMarket’s ‘one other portal rule’. After the ruling OnTheMarket Chief Executive Ian Springett (pictured, below) accused Zoopla of funding the action, and also said that he intended to recoup legal and other court costs from Gascoigne Halman, particularly so because “the manner in which our opponents conducted the case has caused us to divert considerable resources and management time”. Gascoigne Halman said during the hearings that its contract with OnTheMarket was in effect void because what it believed are restrictive clauses within it were in breach of Section 2 of the Competition Act 1988. These include the ‘one other portal rule’ which requires participating agents to only use two property portals, the ‘bricks and mortar rule’ prohibiting online agents from joining OnTheMarket, and the ‘exclusive promotion rule’ that prevents agents from promoting their membership of Rightmove or Zoopla. The legal process was triggered when Gascoigne Halman listed its properties on all three property portals in defiance of OnTheMarket. OnThemarket subsequently sought a judgement on the matter through the tribunal system to prove…

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