VIHO Europe BV v Commission of the European Communities (T-102/92)

Judgment of 12 Jan 1995

law://eu/cjeu/1992/t-102-92/para_44@2026-11-14

44In any event, the territorial protection of subsidiaries within a group must be assessed in a different manner from that resulting from an agreement concluded between undertakings whose purpose is to divide national markets between them. According to the Commission, the judgments of the Court of Justice in Case 15/74 Centrafarm and De Peijper v Sterling Drug [1974] ECR 1147, and Case 16/74 Centrafarm and De Peijper v Winthrop [1974] ECR 1183, which are concerned precisely with market partitioning, cannot support the argument that Article 85(1) of the Treaty must apply to a case where the object of the parent company's instructions is to partition national markets and their effect is to place third parties at a disadvantage.

VIHO Europe BV v Commission of the European Communities (T-102/92)

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