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 AND PRACTICE, 15 (5). pp. 299-305. ISSN 2041-7764

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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.

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