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

Nagy, Csongor István. (2024). The doctrine of ancillary restrictions as a delimitation tool and an absorption principle: twin notions but not identical twins. Journal of European Competition Law & Practice, 15(5), 299-305. https://doi.org/10.1093/jeclap/lpae036

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.

Publisher

Oxford University Press

Rights

Attribution 4.0 International

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School of Law (Scholarly Articles)