Judgment_paragraph 33 · Carlo Bagnasco and Others v Banca Popolare di Novara soc. coop. arl. (BNP) and Cassa di Risparmio di Genova e Imperia SpA (Carige) (C-215/96, C-216/96)

33According to settled case-law of the Court, in order to determine whether an agreement is to be considered to be prohibited by reason of the distortion of competition which is its effect, the competition in question should be assessed within the actual context in which it would occur in the absence of the agreement in dispute (see Case C-7/95 P Deere v Commission [1998] ECR I-3111, paragraph 76, and Case C-8/95 P New Holhnd Ford v Commission [1998] ECR I-3175, paragraph 90).