Things That Do Not Make Sense – Superleague and ISU On Ancillary Restraints

Christian Bergqvist

doi:10.21552/core/2024/1/5

Things That Do Not Make Sense – Superleague and ISU On Ancillary Restraints

Christian Bergqvist

Center for Erhvervsret og Offentlig Regulering

Research output: Contribution to journal › Journal article › Research › peer-review

1 Citation (Scopus)

Abstract

Restrictions adopted to support the implementation of a main operation are considered ancillary and are not reviewed separately. The Court of Justice has previously confirmed this - but in the recent cases Superleague and ISU, it decided to preclude the doctrine for restrictions by object. This approach does not make sense, legally or practically, and could neuter the doctrines if confined to effect analysis. Considering its essential nature from a practical perspective, the matter commands a revisit by the Court and comments in the interim, including possible readings that would preserve the core doctrine.

Original language	English
Journal	European Competition and Regulatory Law Review
Volume	8
Issue number	1
Pages (from-to)	17-22
Number of pages	6
DOIs	https://doi.org/10.21552/core/2024/1/5
Publication status	Published - 2024

Access to Document

10.21552/core/2024/1/5

Cite this

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