Doktryna niezbędnych ograniczeń we wspólnotowym orzecznictwie antymonopolowym w sprawach porozumień ograniczających konkurencję

Ancillary restraints doctrine as linked with the implementation of the prohibition of agreements restraining competition (prohibition of cartels) constitutes the subject of the article. It is used to indicate the limits of implementation of the prohibition of cartels and simultaneously it allows to decide on the scope of the exemption from the prohibition. The concept has been developed through case law of the European Court of Justice, especially judgments on: Göttrup-Klim, European Night Services, Métropole. The concept of ancillary restraints serves as a method for rationalising the scope of implementing the prohibition of cartels. This means that the ancillary restraints doctrine reduces rationally the scope of the prohibition of cartels; it is also involved in the process of strengthening the so-called economic approach in competition law.