Restrictions 'by object' under Article 101(1) TFEU: post-Cartes Bancaires test, context assessment, leading cases (Budapest Bank, Paroxetine, Lundbeck, Super Bock) and typical versus non-object categories
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As a rule, arrangements whose purpose or consequence is to restrict, distort or impede competition are barred by Article 101(1) TFEU. Agreements with an anti-competitive object are treated as particularly high risk and are presumed to harm markets; owing to their gravity, there is no requirement to demonstrate an actual adverse impact on competition. The concept of an agreement’s object has long been one of the most contested issues in competition law, supported by extensive case law reaching back to 1966. Historically, the test for identifying an anti-competitive object was read broadly, capturing many agreements even where it appeared the parties had no such intention. This expansive approach reflected the pre-2004 regime, under which only the European Commission (the Commission) could apply the exemption in Article 101(3) TFEU. Consequently, Article 101(1) TFEU and the object test existed primarily to indicate when the Commission had jurisdiction. Judicial decisions evolved to clarify that jurisdictional point and to provide a simple test to apply...
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Web page updated on 22/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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