‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance of the legal relations between the parties. Indeed, according to a fairly well defined trend in the case-law, in order to establish whether a particular clause is anti-competitive in intent, for the purposes of Article 85(1), it is necessary to look at its function in the context of the contractual relationship of which it forms part. Against that background, the Court normally concludes that no anti-competitive object is contained in clauses which are found in the abstract to be necessary to ensure that a contract, which is not itself harmful to competition can fully discharge the legal and economic function which it pursues.’
Citations:
[1994] ECR 5641
Statutes:
Jurisdiction:
European
Cited by:
Cited – Oakdale (Richmond) Limited v National Westminster Bank Plc CA 6-Aug-1996
The plaintiff sought to have the bank’s form of debenture deemed anti-competitive under the treaty and void.
Held: The bank’s security finished when the sums due were repaid. It was not a clog on the equity of redemption. A provision against . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 25 July 2022; Ref: scu.180626
