ALERT: ANTI-COMPETITIVE PRACTICE - PRELIMINARY RULING - MARKET-SHARING - RESTRICTION BY OBJECT - HARM TO COMPETITION
Anti-competitive object: The Court of Justice of the European Union rules that in determining whether a market-sharing agreement has a sufficient degree of harm to competition to be qualified as restriction by object, regard must be had to the content of its provisions, its objectives and the economic and legal context of which it forms part (ING Pensii Societate de Administrare a unui Fond de Pensii Administrat Privat/ Consiliul Concurentei)
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CJEU, 16 July 2015, Case C-172/14 (ING Pensii Societate de Administrare a unui Fond de Pensii Administrat Privat/ Consiliul Concurentei)
On 16 July 2015, the Court of Justice of the European Union delivered a judgment in Case C-172/14 (ING Pensii Societate de Administrare a unui Fond de Pensii Administrat Privat SA v Consiliul Concurentei). concerning a reference for a preliminary ruling from the Romanian High Court of Cassation and Justice (Înalta Curte de Casatie si Justitie).
Once again, the question of the qualification of restriction by object and the distinction between restriction by object and restriction by effect was at the heart of the present
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