Banco BPN/BIC Português SA and Others v Autoridade da Concorrência (C-298/22)

Judgment of 29 Jul 2024

law://eu/cjeu/2022/c-298-22/para_44@2026-11-13

44In order to determine, in a given case, whether an agreement, a decision by an association of undertakings or a concerted practice is a form of coordination which must be regarded, by its very nature, as being harmful to the proper functioning of normal competition, it is necessary to examine, first, the content of that agreement, decision or practice, second, the economic and legal context of which it forms a part and, third, its objectives (see, to that effect, judgments of 21 December 2023, International Skating Union v Commission, C‑124/21 P, EU:C:2023:1012, paragraph 105; of 21 December 2023, European Superleague Company, C‑333/21, EU:C:2023:1011, paragraph 165; and of 21 December 2023, Royal Antwerp Football Club, C‑680/21, EU:C:2023:1010, paragraph 92).

Banco BPN/BIC Português SA and Others v Autoridade da Concorrência (C-298/22)

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