Antitrust and Regulatory Issues: the Ongoing Debate

The Impact of Groupement des Cartes Bancaires on Competition Law Enforcement


Abstract


The Groupement des Cartes bancaires represents a key judgment for competition enforcement, as it provides helpful clarification on the notion of “restriction by object” and on the judicial standard of review of Commission decisions. As of the first aspect, the ruling limited the restrictions by object to those which by their very nature and on the basis of the experience reveal a sufficient degree of harm to competition. On the standard required to the Court in reviewing competition decisions, the ECJ underlines the necessity of carrying out a full review, specifying that the presence of economic issues should not dispense the Court with an in-depth review of the law and the facts. The principles expressed in the judgment could have a great impact also at national level, where it could provide useful guidance both to Italian competition authority and to the Administrative Courts.

Keywords

Restriction; object; standard of review; agreement; ECHR

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NBN: http://nbn.depositolegale.it/urn%3Anbn%3Ait%3Aagcm-15237

DOI: http://dx.doi.org/10.12870/iar-11571



Rivista Italiana Antitrust / Italian Antitrust Review
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013