TY - JOUR
T1 - The doctrine of ancillary restrictions as a delimitation tool and an absorption principle
T2 - twin notions but not identical twins
AU - Nagy, Csongor István
PY - 2024/7/1
Y1 - 2024/7/1
N2 - 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.
AB - 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.
UR - https://www.scopus.com/pages/publications/85204701972
U2 - 10.1093/jeclap/lpae036
DO - 10.1093/jeclap/lpae036
M3 - Article
SN - 2041-7764
VL - 15
SP - 233
EP - 239
JO - Journal of European Competition Law and Practice
JF - Journal of European Competition Law and Practice
IS - 5
ER -