Judgment_paragraph 197 · European Superleague Company, SL v Fédération internationale de football association (FIFA) and Union of European Football Associations (UEFA) (C-333/21)

197As regards the third condition referred to in paragraph 190 of the present judgment, to the effect that the conduct at issue must be indispensable or necessary, it involves an assessment and comparison of the respective impact of that conduct and of the alternative measures which might genuinely be envisaged, with a view to determining whether the efficiency gains expected from that conduct may be attained by measures which are less restrictive of competition. It may not, however, lead to a choice based on their respective desirability being made as between such conduct and such alternative measures in the event that the latter do not seem to be less restrictive of competition.