Dec 19, 2014
CPI Europe Column edited by Anna Tzanaki (Competition Policy International) presents:
Cartes Bancaires: A Revolution Or A Reminder of Old Principles We Should Never Have Forgotten? by James Killick & Jeremie Jourdan (White & Case)1
Intro by Anna Tzanaki (Competition Policy International)
The December edition of the Europe Column is dedicated to two quite important ECJ judgments delivered on the very same day and dealing with Article 101. After presenting the MasterCard ruling and its implications for efficiency claims in two-sided markets, we are very pleased to host James Killick and Jeremie Jourdan (White & Case) providing a thorough comment on the Cartes Bancaires judgment.
Admittedly, the latter judgment has much wider repercussions, going far beyond the specific context of multi-sided market settings. As the authors eloquently explain, the ECJ in Cartes Bancaires not only warned the Commission of using the “by object” restriction characterization for anticompetitive practices restrictively but also warned the General Court against any superficial analysis, rather than an in-depth judicial review. On this positive note, we wish everyone a wonderful festive season and a Happy New Year!
Introduction
On 11 September 2014, the Court of Justice rendered the much awaited Cartes Bancaires judgment.2 The Court of Justice (“ECJ”) quashed the General Court (“GC”) judgment for failing to correctly apply the notion of restriction by object. The
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