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_45@2026-11-13

45First of all, in order to examine the content of the agreement, decision by an association of undertakings or concerted practice at issue, it is necessary to examine its various aspects in order to determine whether the collusion in question has characteristics enabling it to be linked to a form of coordination between undertakings which must be regarded, by its very nature, as harmful to the proper functioning of normal competition, which is in particular the case if any coordination exhibiting such characteristics is, precisely because of those characteristics, capable of creating conditions of competition which do not correspond to the normal conditions of the market in question (see, to that effect, judgment of 19 March 2015, Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraphs 115 and 120).

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

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