The EU Court of Justice rules that Article 101 TFEU does not apply to circumstances where two separate and competing tenders are submitted by entities controlled by the same parent company (Specializuotas transportas)

Does the EU Court of Justice “Specializuotas transportas” case ring the death knell of the French derogation to intra-group immunity? In its judgment Šiaulių regiono atliekų tvarkymo centras and Ecoservice projektai UAB (Case C-531/16) rendered on May 17, 2018, the EU Court of Justice has ruled that Article 101 of the Treaty on the Functioning of the European Union (TFEU) does not apply to circumstances where two separate and competing tenders are submitted by entities controlled by the same parent company. By doing so, it takes a position which contrasts with the derogation to the intra-group immunity which is traditionally applied in similar circumstances by the French Competition Authority. A request for preliminary ruling by the EU Court of Justice was made in proceedings between

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Marie-Laure Combet, The EU Court of Justice rules that Article 101 TFEU does not apply to circumstances where two separate and competing tenders are submitted by entities controlled by the same parent company (Specializuotas transportas), 17 May 2018, e-Competitions Bulletin May 2018, Art. N° 88019

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