Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Objective justification definition

What does Objective justification mean? In competition law, objective justification is a defence by which a dominant undertaking seeks to show that conduct appearing abusive is necessary or efficiency‑enhancing and therefore lawful. The concept is not defined in statute; it derives from EU case law under Article 102 TFEU and is applied by the UK under the Chapter II prohibition of the Competition Act 1998 and in Ireland under section 5 of the Competition Act 2002, consistently with EU law. The dominant firm bears the burden of proof. It must demonstrate that the conduct is: - objectively necessary or produces verifiable efficiencies that outweigh...

Objective justification in UK pension schemes: key discrimination cases on legitimate aims, proportionality and the 'costs plus' test

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note reviews several leading cases on the notion of Objective justification, with references to judgments of the Court of Justice of the European Union (CJEU). In broad terms, EU judgments issued on or before IP completion day continue to bind UK courts and tribunals (even if the EU courts later reach a different view) unless and until the UK courts exercise their powers to depart. As a rule, EU case Law created after that date is not binding in the UK, though UK courts and tribunals may still have regard to later EU judgments where relevant. For fuller guidance on the approach to EU case law, see Practice Note: Assimilated law—Assimilated case law...

Objective justification

Objective justification is a commonly used shorthand for establishing that a provision, criterion or practice (PCP) which disadvantages an individual or group compared with others is nevertheless a proportionate means of achieving a legitimate aim. Under the Equality Act 2010, s 19(1)–(3), objective justification operates as a defence to a claim of indirect discrimination based on a relevant protected characteristic (eg age or sex)...

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Elizabeth Ovey

Radcliffe Chambers

Elizabeth has a general Chancery practice with particular emphasis on pensions (developing from the trust side of her practice) and on retail financial services (developing from an early specialisation in building society law). She also does a considerable amount of professional negligence work in these areas and other areas in which a Chancery background is of assistance.Her first substantial involvement in pensions law came when she was instructed in relation to a small miners’ pension scheme during the days of the miners’ strikes in the 1980s and she has done an increasing amount of pensions work since those days. She is a contributing editor of Halsbury’s Laws vol. 80 (Personal and Occupational Pensions) (2020). She is now on the Lexis PSL pensions section editorial board and is a contributor to Lexis PSL through a series of practice notes on various aspects of...

Web page updated on 21/05/2026

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