The ancillary restraints doctrine, developed by the European Commission, validates restraints objectively necessary to implement legitimate transactions with neutral or positive competitive effects.
The “ancillary restraints” doctrine, originally developed by the European Commission, serves to validate restraints that are objectively necessary to implement a legitimate transaction which has neutral or positive effects on competition.
The “ancillary restraints” doctrine, originally developed by the European Commission, serves to validate restraints that are objectively necessary to implement a legitimate transaction which has neutral or positive effects on competition. It is therefore relevant to restrictions that are directly related to, and necessary for, the implementation of a concentration. To which extend ancillary restraints are permissible in the context of economic concentrations as well as the detail of regulations varies significantly across jurisdictions in the MENA region. The GCC jurisdictions have not yet adopted specific guidelines for the treatment of ancillary restraints such as the European Commissions’ Notice on Ancillary Restraints. This client brief
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