CASE COMMENTS: CARTELS – EUROPEAN UNION – OBJECT RESTRICTION – AGREEMENT ON INTERCHANGE FEE

Object restriction: Advocate General Bobek proposes to the Court of Justice of the European Union, following a request for a preliminary ruling submitted by the Hungarian Supreme Court, an analytical method aiming at drawing the line between a restriction of competition by ‘object’ or by ‘effect’ (Gazdasági Versenyhivatal / Budapest Bank)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Loyal readers of this column are well aware of the debates on the distinction between restrictions of competition by object and by effect. One keeps in mind, of course, the Groupement CB judgments (CJEU, 11 September 2014, C-67/13 P ; Concurrences4-2014, note M. B.-T., pp. 110-118) and Maxima Latvija (CJEU, 26 November 2015, C-345/14 ; Concurrences1-2016, note E.T., pp. 81-82), but the subject is recurrent (for example: CJEU, Philips judgment of 26 September 2018 (C-98/17), Concurrences1-2019, note L.B., page 68-69or, in the context of a limited legality review, specific to the commitments procedure, the Canal+ judgment of the European Court of First

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Michel Debroux, Object restriction: Advocate General Bobek proposes to the Court of Justice of the European Union, following a request for a preliminary ruling submitted by the Hungarian Supreme Court, an analytical method aiming at drawing the line between a restriction of competition by ‘object’ or by ‘effect’ (Gazdasági Versenyhivatal / Budapest Bank), 5 September 2019, Concurrences N° 4-2019, Art. N° 92328, pp. 87-89

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