Of Cattle, Crashes & Cards – Recent Case-Law of the Court of Justice on Restrictions by Object
Until recently there was a relative dearth of authority on the vexed question of what constituted a restriction by object for the purposes of Article 101 of the Treaty on the Functioning of the European Union. In a world where public resources are increasingly limited or rationed, competition authorities were tempted to have more regular recourse to the concept of restriction by object. As a consequence the Court of Justice has been obliged to reexamine the scope of this concept, with sometimes unexpected results. The purpose of this chapter is to examine briefly three judgments of the Court of Justice with a view to gauging the current scope of the concept.