Restrictions on the parties to an agreement (including an agreement to form a concentration), which do not constitute the primary object of the agreement, but are directly related to and necessary for the proper functioning of the objectives envisaged by agreement. In the field of co-operation agreements, an example would be an obligation within an R&D agreement not to carry out, independently or together with third parties, research and development in the field to which the agreement relates. An example of a restraint ancillary to a concentration is a non-competition clause imposed by the buyer on the vendor for a transitional period of time. See the Merger Regulation, Commission Notice on restrictions directly related and necessary to concentrations (2005/C 56/03) © European Commission
Ancillary restraints
Institution Definition
Case Comments
A567 - ICA: investigation opened into alleged abuse of dominant position by Bosch* According to the Competition Authority, the company did not allow electrical and digital interoperability between its drive systems and the Anti-lock Braking System (ABS) for electric bicycles produced by (...)
The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)
Commission files proceedings in anti-competitive land covenant case* The Commerce Commission has filed proceedings in the High Court in Wellington against NGB Properties Limited (NGB) for allegedly contravening section 28 of the Commerce Act. Section 28 prohibits land covenants that have the (...)
Bancomat S.p.A. (formerly Consorzio Bancomat and hereinafter also referred to as ’Bancomat’) is the company that manages the Bancomat and PagoBancomat withdrawal and payment circuits, as well as the related cards, which can be used to make withdrawals at Automated Teller Machines (ATMs) and (...)
Investigation about Avon Kozmetik Ürünleri Sanayi ve Ticaret AŞ, Farmasi Enternasyonel Ticaret AŞ, Kosan Kozmetik Pazarlama ve Tic. AŞ, NAOS İstanbul Kozmetik San ve Tic. Ltd. Şti., Pierre Fabre Dermo Kozmetik Ltd. Şti. and Yöntem Profesyonel Kozmetik Ürünleri San. ve Tic. Ltd. Şti. Initiated (...)
Competition Commission accepts commitments offered by seven car distributors to remove car warranty restrictions* The Competition Commission (“Commission”) today announced the acceptance of commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by seven car (...)
Optical lenses sector: the Autorité de la concurrence hands out fines worth 81 067 400 euros to Essilor International SAS and its parent company EssilorLuxottica SA for discriminatory trade practices* Background Following dawn raids, interviews and discussions with the main stakeholders in (...)
On November 8, 2022, the French Competition Authority published, more than one month after its adoption, the decision n° 22-D-16 of October 6, 2022 81 million against Essilor International SAS (as author) and its parent company EssilorLuxottica SA for having abused their dominant position in (...)
On 8 November 2022, the French Competition Authority (the “FCA”) published its decision of 6 October 2022 imposing a fine totalling EUR 81 million on companies belonging to Essilor group (“Essilor”) for having engaged in discriminatory business practices over a period of nearly 12 years in the (...)
Following an ex officio referral (decision 15-SO-07 of June 16, 2015), the French Competition Authority, after carrying out visits and seizures, jointly and severally sanctioned Essilor International SAS and Essilor Luxottica SA [hereinafter "Essilor"] for having implemented, for more than 11 (...)
The approaches adopted by the Turkish Competition Board in its recent precedent are heavily influenced by the global trends such as the close scrutiny over digital players as well as increasing attention towards competition law issues concerning labour markets. The substantive analysis regarding the anticompetitive agreements, unilateral conduct, and mergers has been shaped by and adjusted to the recent comprehensive amendments to Law No. 4054 on the Protection of Competition (“Law No. 4054”) as well as the secondary legislation. Amendments to Law No. 4054, which entered into force on June 24, 2020, introduced several mechanisms for the Authority to focus on and to streamline certain of its processes, such as the use of the de minimis principle in its cases, a new substantive test for merger control, behavioural and structural remedies for anti-competitive conduct, and procedural tools including commitments and settlement mechanism. The articles within this Special Issue aim to reveal and explain the evolving efforts of the Board in establishing its own case law in light of the amendments to the main and secondary legislation by way of also following global trends, as well as taking advantage of the well-established practices under the EU competition law regime in recent years, on various fronts.
Competition Commission consults on proposal to accept commitments offered by seven car distributors* The Competition Commission (“Commission”) today commenced a consultation on its proposal under section 60 of the Competition Ordinance (“Ordinance”) to accept legally-binding commitments (...)
DELL - Charges by president of UOKIK* The President of UOKiK has initiated antitrust proceedings against Dell Sp. z o.o. The entrepreneur may have concluded a competition-restricting agreement with its authorised dealers and distributors. This is subject to a fine of up to 10 percent of the (...)
Proceeding against Google for possible anti-competitive restrictions of map services (Google Maps Platform)* Bonn, 21 June 2022: The Bundeskartellamt has initiated a proceeding against Google Germany GmbH, Hamburg and Alphabet Inc., Mountain View, USA. The proceeding is to examine possible (...)
The Spanish Competition Authority (CNMC) has imposed on the kennel association Real Sociedad Canina de España (RSCE) a EUR 142,996 fine for deterring the activity of rival associations and discriminating canine judges. According to the CNMC, the conduct constitutes an abuse of dominant (...)
Articles
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
Under European Union (’EU’) Law, the principle governing the assessment of restrictions directly related and necessary to concentrations - known as ancillary restraints - is that of self-evaluation by the parties. In other words, a decision authorizing a concentration is not a blank check that (...)
One of the first questions that naturally arises is that of the legal scope of these RAGs, as explained in paragraphs 12 and 13, both vis-à-vis the CCLA and vis-à-vis the companies that will invoke it. Can you say a word about that? What are, in a synthetic way before returning to certain (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)