In a recent decision, the Superior Court of Justice (“STJ”) ruled on the possibility of opening stores that operate in the same line of business in close proximity within the same shopping mall, without this constituting a violation of the tenant mix, which refers to the organization of businesses in these locations. However, it is necessary that no breach of the contracts established with the tenants occurs.

In the contracts between shopping malls and tenants, it is common to include a clause regarding the tenant’s exclusivity in operating their business within the mall for a specified period. While the stipulated period is in effect, the contractual exclusivity granted to the tenants must be respected by the landlord.

The case under judgment involved a Japanese cuisine restaurant that had a competing restaurant opened in front of its location within the shopping mall. The initial contract included a clause granting the tenant exclusivity in operating their business for a period of five years. However, the contract with the competing restaurant was signed 12 years after the original exclusivity period had expired. Based on this specific circumstance, the STJ ruled that the installation of another store in the same sector was permissible, as the original contract’s exclusivity period had been respected. This did not constitute a violation of its provisions or impose excessive hardship on the tenant, as there was no provision for the continuation of the exclusivity right for an indefinite period. (Reference – Special Appeal No. 2.101.659)