CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - CUSTOMER ALLOCATION– RESTRICTION OF COMPETITION
Customer allocation : The Court of Justice of the European Union considers that customer allocation agreements concluded between private pensions funds in the main proceedings, constitute agreements with an anti-competitive object, the number of clients affected by such an agreement being irrelevant for the purpose of assessing the requirement relating to the restriction of competition within the internal market (ING Pensii)
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The present case involves customer allocation agreements between private pension funds.
Romanian law requires persons under 35 years of age who contribute to the public pension scheme to join a pension fund (Article 30 of Law No 411/2004). Since everyone is free to choose his or her pension fund (Article 5 of Order No. 18/2007 of the Supervisory Commission for the Private Pension Scheme), the law has provided for the possibility of duplication, firstly by laying down the principle that "a person [...]may hold only one account with the pension fund in which he or she participates[...]" (Article 31 of the above-mentioned law), and secondly, by providing that
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