CASE COMMENT : ANTICOMPETITIVE PRACTICES - PURPOSE OF ANTICOMPETITIVE EFFECT - ANALYSIS

Analysis: The CFI recalls the reasoning used to analyze the purpose of anticompetitive effects within the framework of Article 81.1 CE (O2 GmbH)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts In 2001, two German mobile operators entered into an agreement to pool their telecommunications infrastructure and national roaming, allowing operators to use their competitors' networks to provide services to their own customers without sharing network elements. As the agreement was concluded before the entry into force of Regulation 1/2003, it was notified to the Commission. By a decision of 16 July 2003, closing the decision-making procedure, the Commission concluded : the inapplicability of Article 81(1) to the provisions on the sharing of telecommunications infrastructure. (negative clearance) ; exemption from the national roaming

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Marie Koehler de Montblanc, Analysis: The CFI recalls the reasoning used to analyze the purpose of anticompetitive effects within the framework of Article 81.1 CE (O2 GmbH), 2 May 2006, Concurrences N° 3-2006, Art. N° 27359, www.concurrences.com

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