In view of a recent ruling by the European Court of Justice, Aude Guyon (partner) and Pauline Klein (associate) of Fiducial Legal by Lamy discuss the extent to which the exchange of information between competitors could constitute a restriction of competition by object, which is prohibited by EU competition law.
In the case of Banco BPN/BIC and others (No C-298/22), the ECJ ruled for the first time in its judgment of 29 July 2024 that a “standalone” exchange of sensitive information between credit institutions may amount to a restriction of competition by object. This article will assess the circumstances under which such exchange of sensitive information between competitors may constitute a restriction by object.
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