CASE COMMENTS : UNILATERAL PRACTICES – NOTION OF UNDERTAKING – SCHEME FOR SUPPLEMENTARY REIMBURSEMENT OF HEALTHCARE COSTS – COMPULSORY AFFILIATION TO A SPECIFIC INSURING BODY – EXPRESS EXCLUSION OF ANY POSSIBILITY OF EXEMPTION FROM AFFILIATION – SGEI

Notion of Undertaking – SGEI: The Court of Justice of the European Union rules that an exclusive right granted to a specific insuring body does not amount to a violation of article 102 TFEU where justified by a risk of adverse selection (AG2R Prévoyance/Beaudout Père et Fils)

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*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. (See also, "cartels" column, supra, obs. C. Sarrazin and "public sector" column, infra, obs. J.-Ph. Kovar) CJEU, 3 March 2011, AG2R Prévoyance, case C-437/09 ----Business concept Our previous column referred to the Opinion of Advocate General Mengozi in the AG2R case, challenging the compulsory supplementary health insurance scheme applicable in France to the craft bakery sector (ConcurrencesNo. 1-2011, this column, p. 115).

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Anne-Lise Sibony, Notion of Undertaking – SGEI: The Court of Justice of the European Union rules that an exclusive right granted to a specific insuring body does not amount to a violation of article 102 TFEU where justified by a risk of adverse selection (AG2R Prévoyance/Beaudout Père et Fils), 3 March 2011, Concurrences N° 2-2011, Art. N° 35668, p. 111

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