Tagged: article 101 (1) TFEU

It Takes Two to Tango: Two-Sided Markets and the Appeals in Cartes Bancaires and MasterCard

By Hans Vedder

The Court has recently decided on the appeals in two seminal cases: MasterCard MIF (MasterCard) and Groupement des Cartes Bancaires (CB). Both cases result from Commission decisions that found Article 101 TFEU to have been infringed by the decisions taken within those schemes with regard to fees that form part of the working of these payment systems. To understand both cases it is necessary to first set out the background to the MasterCard and CB systems. After that we will examine the procedure and finally the judgments themselves. This will reveal essentially three interesting issues:

  1. the object-effect dichotomy,
  2. the relation between the exclusion of competitors and the object category, and
  3. the possibility to take into account redeeming features.

Continue reading

Vigilantes on the market: Can undertakings restrict competition to ‘help out’ public authorities?

In an interesting case decided today the CJEU held that a number of Slovak banks could not exclude a competitor even if that competitor was allegedly operating illegally on the Slovak market. It’s a notable case, as it tells us something about how the CJEU assesses a situation where competitors are not playing by the rules of the game.

Continue reading