Dec 16, 2014
CPI Europe Column edited by Anna Tzanaki (Competition Policy International) presents:
The Application of Article 101(3) in the Context of Multi-Sided Markets Following MasterCard by Andreas Scordamaglia-Tousis & Claire-Marie Carrega1
Intro by Anna Tzanaki (Competition Policy International)
To conclude 2014, the Europe Column turns its attention to the analysis of two-sided markets and on two important ECJ judgments – MasterCard and Groupement des Cartes Bancaires – both handed down on 11 September 2014. We start with the MasterCard ruling, on which Andreas Scordamaglia-Tousis and Claire-Marie Carrega (Latham & Watkins) provide thoughtful comments. The authors set the background and also explain how the ECJ in this judgment reframed the legal assessment of pro-competitive efficiencies under Article 101(3) TFEU. This is good news indeed for the business community: following MasterCard, parties may have more leeway for claiming efficiencies, particularly in multi-sided market settings. A comment on the Groupement des Cartes Bancaires ruling will follow soon… Meanwhile, enjoy reading!
The application of Article 101(3) in the context of multi-sided markets following MasterCard
The recent judgment of the European Court of Justice (ECJ) of 11 September in Case C-82/12P, MasterCard and Others v Commission (the “MasterCard ruling”)2 sets an important precedent for EU competition law on how efficiencies are to be assessed in the context of Article 10
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