ECJ Llimits The Scope Of Restrictions "By Object"

In a judgment of 11 September 2014, the European Court of Justice of the European Union ("ECJ") held that the measures adopted to implement the Cartes Bancaires system in France did not constitute a restriction of competition "by object" within the meaning of Article 101(1) TFEU, thereby overturning in part a decision of the European Commission and the earlier judgment of the General Court ("GC") (see VBB on Competition Law, Volume 2012, No. 12, available at www.vbb.com). Beyond the facts of this case, the judgment is particularly important as it rejects the Commission's broad interpretation of the concept of restrictions of competition "by object", which underlies a number of recent infringement decisions in other sectors. Furthermore, the ECJ criticises the GC for failing to conduct a sufficient review, making it more likely that the Commission will face heightened scrutiny in appeals of future decisions.