Judgment_paragraph 139 · HSBC Holdings plc and Others v European Commission (C-883/19 P)

139In that regard, the Court held that, where the parties to an agreement rely on its procompetitive effects, those effects must, as elements of the context of that agreement, be duly taken into account for the purpose of its characterisation as a ‘restriction by object’, in so far as they are capable of calling into question the overall assessment of whether the concerted practice concerned revealed a sufficient degree of harm to competition and, consequently, of whether it should be characterised as a ‘restriction by object’ (judgment of 30 January 2020, Generics (UK) and Others, C‑307/18, EU:C:2020:52, paragraph 103).

HSBC Holdings plc and Others v European Commission (C-883/19 P)

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