The Limits of the Prohibition
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The Limits of the Prohibition book
To satisfy the third condition of 'indispensability', it must be established that the alleged benefits of the agreement cannot be secured through any less restrictive means: the arrangement must be limited in its duration and geographic scope and must not hamper the freedom of action of the parties beyond what is required to achieve its goals. Finally, the agreement must not entail the elimination of substantial competition from the relevant market by weakening any existing rivalry to the point that the latter is no longer capable of restraining the parties' freedom of action, for example, by conferring on them significant market power and/or foreclosing the market vis-à-vis actual or potential rivals.