Preliminary ruling about the possibility of anti-competitive effect and establishing the presumption of a causal connection

04-06-2009 Print this page
IPPT20090604, ECJ, T-Mobile v NMa

Competition law. A concerted practice pursues an anti‑competitive object for the purposes of Article 81(1) EC where it is capable of resulting in the prevention, restriction or distortion of competition: not necessary for there to be actual prevention, restriction or distortion of competition or a direct link between the concerted practice and consumer prices.

 

In examining whether there is a causal connection between the concerted practice and the market conduct of the undertakings participating in the practice, the national court is required, subject to proof to the contrary, which it is for the undertakings concerned to adduce, to apply the presumption of a causal connection. According to this presumption, where they remain active on that market, such undertakings are presumed to take account of the information exchanged with their competitors.

 

IPPT20090604, ECJ, T-Mobile v NMa

 

C-8/08 - ECLI:EU:C:2009:343