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Budapest Bank: Can a Conduct Be a Restriction by Object and by Effect? (C-228/18 Gazdasági Versenyhivatal v Budapest Bank Nyrt. and Others)

Maria Gaia Pazzi


Keywords: EU competition law, anticompetitive agreement, restriction by object, restriction by effect, interbank fee.

Case C-228/18 Gazdasági Versenyhivatal v Budapest Bank Nyrt. and Others, Judgment of the Court of Justice of the European Union (Fifth Chamber) of 2 April 2020
How to define a conduct as an anticompetitive restriction ‘by object’ pursuant to Article 101(1) TFEU and when the effects of such a conduct should be considered. Has the Court shifted the burden of proof in the two-prong test under Article 101 paragraph 1 and paragraph 3 of the TFEU and what is the possible impact on the competition authorities’ practice?

Maria Gaia Pazzi, case handler, national expert seconded at the European Commission, DG COMP, by the Italian Competition Authority. The views expressed in this case note are personal to the author and do not represent those of the Institutions where the author works nor engage such Institutions in any way. For correspondence: <>.


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