Case C- 1/12 Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência [Archived]
Case C- 1/12 Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case C- 1/12 Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 28 February 2013; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline National reference from the Portuguese Tribunal da Relação de Lisboa (Lisbon Court of Appeal) to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify (amongst other things) whether a professional body's rules (as contained within a regulation and relating, in particular, to a system of compulsory training for chartered accountants) is compatible under Article 101 TFEU.

On 28 February 2013, the Court of Justice ruled that the regulation in question must be regarded as a ‘decision of an association of undertakings’ within the meaning of Article 101(1) TFEU (even where the rules it prescribes do not have any direct effect on the economic activity of the members of that professional association) and one that triggers the Article 101(1) TFEU prohibition where it eliminates competition on a substantial part of the relevant market (to the benefit of the professional association) and it imposes, on the other part of that market, discriminatory conditions to the detriment of competitors of that professional association.

This matter provides clarifications regarding the