CASE COMMENT : ANTICOMPETITIVE PRACTICES - EXCHANGE OF INFORMATIONS - ANTICOMPETITIVE OBJECT

Anticompetitive object : The ECJ decides on the criterions to assess the anticompetitive object of an exchange of informations (T-Mobile Netherlands)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 4 June 2009, T-Mobile Netherlands BV and Others, Case C-8/08 Facts The Dutch Competition Authority ("NMa") has imposed fines on the five mobile phone operators present on the market at the time for infringing Article 81 of the EC Treaty and Article 6(1) of the Dutch Competition Act. In the present case, the NMa criticised them for having, at a meeting on 13 June 2001, exchanged confidential information concerning the standard resellers' remuneration for mobile telephone subscriptions. After this decision was annulled by the court of appeal, the dispute was referred to the referring court, which stayed the proceedings and referred three questions to

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Dominique Ferré, Anticompetitive object : The ECJ decides on the criterions to assess the anticompetitive object of an exchange of informations (T-Mobile Netherlands), 4 June 2009, Concurrences N° 3-2009, Art. N° 29662, www.concurrences.com

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