First, as it is unlikely that land transactions will involve a «hardcore» breach of Art 101 (1)(but that might be possible for example in the
sale of off -
plan leases as between competing developers) the key question is whether the land agreement is «by object» anti-competitive based
on the evidence of its effect (the
treatment of «hardcore» infringing agreements as ones classified «by object» is reflected in the Commission's own Guidelines; 2004 / C 101/08; para 21, and see the Guidance Note para 2.1 and footnote 13).
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