Asda, Marks & Spencer and Waitrose will be given the chance to have their say in the three-day hearing with the Competition Appeals Tribunal (CAT), in a surprise move this week.

UK number-one retailer Tesco is attempting to get a proposed new competition test thrown out in court.

The rule is one of the key changes proposed by the Competition Commission after a two-year inquiry into the grocery sector.

Tesco boss Sir Terry Leahy has sought a judicial review to prevent its introduction.

The rival retailers will join the Association of Convenience Stores (ACS) to voice their views in November.

A competition test would see planners take into account the number of chains in competition – with the caveat that a retailer's local market share should not exceed 60 per cent – before deciding whether to approve an application.

Tesco wants the tribunal to quash the test, arguing it is “disproportionate” and will not solve the problems it sets out to tackle.

Lucy Neville-Rolfe, Tesco's corporate and legal affairs director, said it threatens to create another barrier in the planning process “that would increase delays and costs and could even jeopardise long-term regeneration schemes”.

 Source: Freshinfo