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How to work out whether or not an agreement has the object of restricting competition contrary to art.101(1) TFEU is a difficult and important question. In Allianz Hungária, the Court of Justice seems to propose a new approach which would blur the distinction between agreements with the object and those with the effect of restricting competition by allowing a broader inquiry into the factual context of the former than has been usual. On one interpretation, this could lead to a wide ranging re-evaluation of the case law while, alternatively, it could lead to a new category of agreements with the object of restricting competition which will require more analysis before a decision is made. This comment argues that such an approach is not supported by the previous case law and, although superficially attractive, would result in less legal certainty and, paradoxically, less enforcement.
