CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - RESTRICTION OF COMPETITION “BY OBJECT”– DEGREE OF HARM TO COMPETITION
Restriction "by object" : The Court of Justice of the European Union returns to a strict conception of the anti-competitive object (Groupement des Cartes Bancaires)
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This is a very important decision, which can be described as a change of course (or a near turnaround), as the Court of Justice has returned to orthodoxy in its strict assessment of the concept of restriction by object, even though it refuses to change its case law.
This decision concerns the banking sector, which has recently experienced many disputes with the competition authorities, in particular because of multilateral interchange fees (see our contribution, "Payment Instruments and Competition About Multilateral Interchange Fees", Mélanges offerts à Paul Le Cannu, p. 443 and, Lextenso, 2014).
In a conference organised in 2006, Philippe Nasse
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