Ravenseft Properties Ltd v Director General of Fair Trading (ii) Furthermore, although the covenants in the underleases which were to be performed by the sublessees
were negative in form, they were not ‘restrictions’ for the purposes of s 107(1) of the 1973 Act
and art 3(1) of the 1976 order since the sub-lessees, on taking possession of the respective premises
under the underleases, could not be said to have given up any rights or freedoms which they had
previously had (see p 54 h, post); dicta of Willmer LJ in Re Automatic Telephone and Electric Co Ltd’s
Application [1963] 2 All ER at 307, of Lord Reid in Esso Petroleum Co Ltd v Harper’s Garage