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CASE COMMENTS: ANTICOMPETITIVE PRACTICES: THE ACTIVITY OF A PRIVATE-LAW BODY

The application of the article 101 TFEU to the activity of a private-law body denied: The application of the article 101 TFEU to the activity of a private-law, as meaning that the drawing-up of technical standards and the certification of products on the basis of those technical standards by an association of undertakings is capable of impeding trade between the Member States if a product lawfully manufactured and distributed in another Member State cannot be distributed in the importing Member State, or can be distributed there only with considerable difficulty, because it does not meet the requirements of the technical standard and distribution without such a certificate is virtually impossible, given the importance of such a technical standard, was denied.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 12 July 2012, C-171/11, case Fra.bo SpA It should be pointed out that the debate raised

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  • L’actu-concurrence (Paris)

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Alain Ronzano, The application of the article 101 TFEU to the activity of a private-law body denied: The application of the article 101 TFEU to the activity of a private-law, as meaning that the drawing-up of technical standards and the certification of products on the basis of those technical standards by an association of undertakings is capable of impeding trade between the Member States if a product lawfully manufactured and distributed in another Member State cannot be distributed in the importing Member State, or can be distributed there only with considerable difficulty, because it does not meet the requirements of the technical standard and distribution without such a certificate is virtually impossible, given the importance of such a technical standard, was denied. , December 2012, Concurrences N° 4-2012, Art. N° 51934, www.concurrences.com

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