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Anmerkung zum Urteil des EuGH v. 29.7.2024, C-298/22, Banco BPN/BIC Português u.a.

Journal article

Autonomer Informationsaustausch als bezweckte Wettbewerbsbeschränkung

Fast facts

Quote

E. Wingerter, “Commentary on the Judgment of the European Court of Justice of July 29, 2024, C-298/22, Banco BPN v. BIC Português et al.,” Journal of International Business Law, vol. 9, no. 6, pp. 288–291, 2024.

Content

Art. 101 para. 1 TFEU must be interpreted as meaning that an in-depth monthly exchange of information on a reciprocal basis between competing credit institutions, which took place on markets with high concentration and with barriers to entry and which relates to the conditions applicable to the transactions carried out on those markets, in particular the current and future credit spreads and risk parameters, as well as the individualized production figures of the participants in that exchange, must be classified as a restriction of competition by object, at least if the credit spreads exchanged in this way are those which those institutions intend to apply in the future.

Keywords

Autonomous exchange of information

EU antitrust law

European law

Prohibition of cartels

Notes and references

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