The doctrine of ancillary restrictions as a delimitation tool and an absorption principle: twin notions but not identical twins

Research output: Contribution to a Journal (Peer & Non Peer)Articlepeer-review

2 Citations (Scopus)

Abstract

Contrary to the general view, `ancillary restrictions designate two separate conceptions, which should be treated as separate doctrines. As a `delimitation tool, ancillarity separates `naked and `ancillary restrictions based on `reasonable necessity. As an `absorption principle, ancillarity is a rule of thumb that screens out certain lawful agreements based on the idea that a lawful main transaction (or the legality of the main transaction) absorbs all objectively necessary (indispensable) restrictions.
Original languageEnglish
Pages (from-to)233-239
Number of pages7
JournalJournal of European Competition Law and Practice
Volume15
Issue number5
DOIs
Publication statusPublished - 1 Jul 2024

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