‘Cartel’ allegations against agents advertising in local press set to drag on for months

An alleged “cartel” case involving three estate agents and local newspaper advertising is unlikely to be resolved until next June.

The case, which has already dragged on for almost a year, originally encompassed all members of the Three Counties Estate Agents Association in the south of England.

The Competition and Markets Authority has, however, closed its investigation into most of these agents, apart from Hamptons, part of Countrywide; Waterfords; and Castles Property Services.

The investigation also involves Trinity Mirror, owners of the local newspaper in question, the Surrey & Hants Star Courier.

The allegation is that membership rules of the Three Counties Estate Agents Association breached competition law by prohibiting members from advertising their fees or discounts in the newspaper.

The CMA says its “provisional view” is that this reduced competitive pressure on agents’ fees and made it harder for “potential competitors to enter the market by using the level of their fees to attract new customers”.

Ann Pope, senior director at the CMA, said: “The ability of a company to advertise its fees or discounts freely plays an important role in stimulating price competition between competitors.

“If estate or lettings agents are prevented from advertising their fees or discounts in the local newspaper, property owners are likely to find it harder to assess which agents offer the best value for money.

“It could also make it harder for new entrants to enter the market and compete effectively with established estate and lettings agents.”

The CMA describes the case type as “CA98 and civil cartels” and says it is investigating “a suspected infringement of Chapter 1 of the Competition Act 1998 involving the advertising of estate and lettings agents’ fee rates in a local newspaper”.

This week, the CMA issued a “statement of objections” to the newspaper and the three agents. The case was originally opened by the now-defunct Office of Fair Trading on December 18, 2013.

All who received the “statement of objections” will now be able to make written and oral representations.

The CMA said that at this stage, it should not be assumed there has been a breach of competition law.

It added: “The CMA will carefully consider the companies’ representations before deciding whether the law has in fact been infringed.”

Waterfords – whose boss, Brendan Cox, is also a director of the Three Counties Estate Agents Association – said they felt unable to comment.

A spokesperson for Countrywide yesterday told Eye: “Countrywide plc and Hamptons International have, throughout this inquiry, assisted and cooperated fully with the CMA. Each will continue to do so. The inquiry covers several other parties, including other estate agents.

“We will carefully consider the content of the Statement of Objections and provide a detailed response to the CMA.

“Given the sensitivity of such matters, we are of the view that it would be inappropriate for us to comment further at this time.”

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One Comment

  1. surreyagent

    everyone loves a good cartel!

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