The EU Court of Justice affirms the need to clearly distinguish between restrictions by object and restrictions by effect (Toshiba)

No more than two years elapsed between the Allianz Hungária case, which appeared to confuse the notions of “restriction by object” and “restriction by effect”, and the Groupement des cartes bancaires case, which seemed to put an end to that confusion. The Court needed to adopt a third position in order for it to finally be ascertained which of the two tendencies should prevail. This was done, and the Court’s Toshiba ruling sanctioned the need to clearly distinguish between restrictions by object and restrictions by effect. CJEU, 20 January 2016, Toshiba v. Commission, case C-373/14 P (This article was first published in Revue Lamy de la concurrence, RLC, 2017/58, n° 3127) I. The distinction between object and effect, or striking the right balance The wording is well known, and has

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Alexandre Lacresse, The EU Court of Justice affirms the need to clearly distinguish between restrictions by object and restrictions by effect (Toshiba), 20 January 2016, e-Competitions January 2016, Art. N° 83699

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