Podcast: Restrictions of competition ‘by object’ – what does this mean and why does it matter?

On The Pulse: Talks

17.03.2021 6 mins

In the fourth episode of our podcast series on patent settlement agreements and competition law, Edwin Bond introduces  the concept of restrictions of competition ‘by object’ under Art 101 TFEU.

During this podcast, Edwin explores the distinction between ‘by object’ and ‘by effect’ restrictions; the  diagram below helps illustrate a few examples of types of conduct that typically – although not always – fall into each box.

As shown in diagram below, the distinction between object and effect restrictions can be shown pictorially in the form of two boxes.  We’ve also included a few examples of types of conduct that typically – although not always – fall into each box.

Edwin discusses how these distinctions apply in the context of assessments of patent settlement agreements, and explains the relevance of this classification in light of recent case law of the CJEU.

Listen to the next episode: Does it matter if a patent settlement agreement includes a no-challenge clause? For more information on the work we do, see our patent litigation and competition litigation practice area pages.