CASE COMMENTS: CARTELS – FRANCE – BANKING SECTOR – RESTRICTION BY OBJECT – RESTRICTIVE ASSESSMENT

Restriction by object: The French Supreme Court firmly states that the notion of restriction by object must be assessed restrictively, in the absence of experience acquired by antitrust authorities with respect to the relevant practice (Banque postale)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In the banking sector, the 2000s were marked by the transition to dematerialisation. In the case of cheque cashing, this dematerialisation led to an acceleration in the transfer of sums. As a result, the bank of the issuer of the cheque (the drawer) loses the money sooner and the bank of the payee cashes it faster, enabling it to invest it and earn income. The system favours some banks, especially those with large merchant clients, and disadvantages others. For this reason, dematerialisation has posed certain problems. After several previous attempts, which failed due to the lack of agreement from the banks, a final attempt was initiated and

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Anne-Sophie Choné-Grimaldi, Restriction by object: The French Supreme Court firmly states that the notion of restriction by object must be assessed restrictively, in the absence of experience acquired by antitrust authorities with respect to the relevant practice (Banque postale), 29 January 2020, Concurrences N° 2-2020, Art. N° 94732, pp. 75-77

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