The EU Court of Justice holds that the provisions of an agreement that are restrictive can fall outside article 81(1) subject to the conditions that they are limited in time, space and subject matter (Remia)

Case 42/84 Remia BV and Others v Commission of the European Communities* 1. The fact that non-competition clauses are included in an agreement for the transfer of an undertaking is not of itself sufficient to remove such clauses from the scope of Article 85 (1) of the Treaty. In order to determine whether or not such clauses come within the prohibition in Article 85 (1), it is necessary to examine what would be the state of competition if those clauses did not exist. If no non-competition clause is laid down, and if the vendor and the purchaser remain competitors after the transfer, it is clear that