Case C- 172/14 ING Pensii [Archived]
Case C- 172/14 ING Pensii [Archived]

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

  • Case C- 172/14 ING Pensii [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB (date of judgment—16/07/2015)

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 16 July 2015; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline National reference from the Romanian Înalta Curte de Casaţie şi Justiţie to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify whether, in relation to a practice of allocating customers, the number of customers affected by the arrangement is relevant in determining whether the Article 101(1) TFEU prohibition is triggered.

On 16 July 2015, the Court of Justice ruled that Article 101(1) TFEU must be interpreted in a way that, where there exists an agreement to allocate customers (which constitute, by its very nature, a restriction of competition 'by object'), the number of allocated clients affected is not relevant in respect of the fulfilment of the condition regarding a restriction of competition within the meaning of Article 101(1) TFEU.

The reference provides the opportunity to clarify certain concepts (and the method of analysis) regarding a restriction of competition 'by object' as well as the implications of this in terms of 'appreciable effects' on competition within the meaning of Article 101(1) TFEU.