Case C- 67/13 Groupement des Cartes Bancaires (CB) v Commission ('by object' restrictions) [Archived]
Case C- 67/13 Groupement des Cartes Bancaires (CB) v Commission ('by object' restrictions) [Archived]

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

  • Case C- 67/13 Groupement des Cartes Bancaires (CB) v Commission ('by object' restrictions) [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ARCHIVED—this archived case hub reflects the position at the date of the judgment of 11 September 2014; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline Appeal brought by Groupement des Cartes Bancaires (CB) against the judgment of the General Court upholding the Commission decision of 10 October 2007 finding that CB restricted competition with certain fees and tariffs which hindered the issuance of payment cards in France by new entrants. In particular, the appellant seeks to set aside the General Court judgment on the grounds that the Commission erred in law in the application of the concept of restriction of competition 'by object'.

On 11 September 2014, the Court of Justice upheld CB’s appeal and set aside the General Court judgment on the basis that the General Court could not properly have concluded that the pricing measures adopted by CB had as ‘their object’ the restriction of competition.

This case is notable insofar as it reviews the ‘by object’/’by effect’ distinction under EU competition law—addressing, in particular, the liberal (and inappropriate) application of the ‘by object’ label by the Commission in its assessment of potentially restrictive practices.

Parties