An Italian Administrative Court annuls the Competition Authority’s decision to reject commitments offered by an undertaking in order to address competition concerns relating to the interchange fees (Master Card)

I. Introduction On 16 November 2010, the Regional Administrative Tribunal of Latium (the “TAR Latium”) annulled a decision by which the Italian Competition Authority (the “ICA”), rejected the commitments proposed by MasterCard in a proceeding pursuant to Article 101 TFEU (the “Commitments”). MasterCard had proposed the Commitments in order to address the ICA's competition concerns relating to the interchange fees set by MasterCard for domestic credit card transactions. The TAR Latium found that the ICA misused its powers and failed to conduct a proper investigation concerning the Commitments proposed by MasterCard. II. Background On 15 July 2009, the ICA opened an investigation against MasterCard and a group of banks to determine whether the structure and functioning of MasterCard‘s

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Authors

  • European Court of Justice (Luxembourg)
  • NCTM - Studio Legale Associato (Milan)

Quotation

Igor Taccani, Pablo Alejandro Purro, An Italian Administrative Court annuls the Competition Authority’s decision to reject commitments offered by an undertaking in order to address competition concerns relating to the interchange fees (Master Card), 16 November 2010, e-Competitions Bulletin Commitment Decisions, Art. N° 33596

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