Official Journal of the European Union

C series

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C/2024/5590

30.9.2024

(Case C-298/22,

Banco BPN/BIC Português and Others)

(Reference for a preliminary ruling - Competition - Agreements, decisions and concerted practices - Adverse effect on competition - Prohibition of restrictive practices - Article 101 TFEU - Agreements between undertakings - Restriction of competition by object - Exchanges of information between credit institutions - Information concerning commercial conditions and production values - Strategic information)

(C/2024/5590)

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicants: Banco BPN/BIC Português SA, Banco Bilbao Vizcaya Argentaria SA, Banco Português de Investimento SA (BPI), Banco Espírito Santo SA (in liquidation), Banco Santander Totta SA, Barclays Bank plc, Caixa Económica Montepio Geral – Caixa Económica Bancária SA, Caixa Geral de Depósitos SA, Unión de Créditos Inmobiliários SA, Establecimiento Financiero de Crédito, Caixa Central de Crédito Agrícola Mútuo CRL, Banco Comercial Português SA

Defendant: Autoridade da Concorrência

Intervening party: Ministério Público

Operative part of the judgment

Article 101(1) TFEU must be interpreted as meaning that a comprehensive and reciprocal monthly exchange of information between competing credit institutions, which took place in markets where concentration is high and there are barriers to entry, relating to the conditions applicable to transactions carried out on those markets, in particular current and future credit spreads and risk variables, and individual production figures of the participants in that exchange, in so far as, at the very least, the spreads thus exchanged are those which those institutions intend to apply in the future, must be classified as a restriction of competition by object.

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ELI: http://data.europa.eu/eli/C/2024/5590/oj

ISSN 1977-091X (electronic edition)

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Language of the case: Portuguese.

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