ALERT: ANTI-COMPETITIVE PRACTICE - INFRINGEMENT BY OBJECT - ANCILLARY RESTRAINT - INFRINGEMENT BY EFFECT - CALCULATION OF THE AMOUNT OF THE FINE

Infringement by object: The General Court of the European Union confirms the qualification of restriction by object of the non-compete clause between Spanish and Portuguese telephone operators following the acquisition of a brazilian operator by the Spanish operator (Portugal Telecom/Telefónica)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 28 June 2016, the General Court of the European Union delivered two judgements in cases T-208/13 http://curia.europa.eu/juris/docume... (Portugal Telecom v Commission) and T-216/13 http://curia.europa.eu/juris/docume... (Telefónica v Commission). This case is therefore a cartel case involving the application of Article 101 TFEU, but in the context of a concentration. That classification, which has now been confirmed by the Court of First Instance, results from the refusal to consider a non-competition clause concluded in the context of the concentration as an ancillary restriction to the concentration. In 2010, the Portuguese and Spanish telecoms

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Infringement by object: The General Court of the European Union confirms the qualification of restriction by object of the non-compete clause between Spanish and Portuguese telephone operators following the acquisition of a brazilian operator by the Spanish operator (Portugal Telecom/Telefónica), 28 June 2016, Concurrences Nº 3-2016, Art. N° 81101, www.concurrences.com

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