CASE COMMENTS: CARTELS - EUROPEAN UNION - ANTICOMPETITIVE AGREEMENTS - ARTICLE 101 TFUE – TERRITORIAL MARKET SHARING

Territorial market sharing: The Court of justice confirms that a contractual provision organizing a territorial non-compete agreement constitutes an anticompetitive agreement, irrespective of the caveat “to the extent permissible by law”, inserted therein (Telefonica)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It will be recalled that in a judgment of 28 June 2016, the EU Court of First Instance condemned Telefonica for inserting a non-competition clause in the divestiture contract between the Spanish (Telefonica) and Portuguese (PT) operators for the control of the Brazilian telephone operator Vivo. The clause read as follows "To the extent permitted by law, each party shall refrain from participating or

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Anne-Sophie Choné-Grimaldi, Territorial market sharing: The Court of justice confirms that a contractual provision organizing a territorial non-compete agreement constitutes an anticompetitive agreement, irrespective of the caveat “to the extent permissible by law”, inserted therein (Telefonica), 13 December 2017, Concurrences N° 1-2018, Art. N° 85803, pp. 77-78

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