The EU Court of Justice confirms that a concerted practice is a form of coordination between undertakings which, without the conclusion of an agreement, knowingly substitutes practical cooperation between them for the risks of competition (Züchner / Bayerische Vereinsbank)

JUDGMENT OF THE COURT OF 14 JULY 1981 [1] Gerhard Züchner ν Bayerische Vereinsbank AG (preliminary ruling requested by the Amtsgericht Rosenheim) "Bank charges" Case 172/80* 1. Although the transfer of customers' funds from one Member State to another normally performed by banks is an operation which falls within the special task of banks, particularly in connexion with international movements of capital, that is not sufficient to make them undertakings