Judgment_paragraph 89 · MasterCard Inc. and Others v European Commission (C-382/12 P)

89It is apparent from the case-law of the Court of Justice that if a given operation or activity is not covered by the prohibition rule laid down in Article 81(1) EC, owing to its neutrality or positive effect in terms of competition, a restriction of the commercial autonomy of one or more of the participants in that operation or activity is not covered by that prohibition rule either if that restriction is objectively necessary to the implementation of that operation or that activity and proportionate to the objectives of one or the other (see to that effect, in particular, judgments in Remia and Others v Commission, 42/84, EU:C:1985:327, paragraphs 19 and 20; Pronuptia de Paris, 161/84, EU:C:1986:41, paragraphs 15 to 17; DLG, C‑250/92, EU:C:1994:413, paragraph 35, and Oude Luttikhuis and Others, C‑399/93, EU:C:1995:434, paragraphs 12 to 15).