Keywords
Summary

Keywords

1 . COMPETITION - UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST - CONCEPT - BANKS TRANSFERRING FUNDS FROM ONE MEMBER STATE TO ANOTHER

( EEC TREATY , ART . 90 ( 2 ))

2 . BALANCE OF PAYMENTS - TREATY PROVISIONS - PURPOSE - COORDINATION OF NATIONAL ECONOMIC POLICIES - EXEMPTION OF BANKS FROM COMPETITION RULES - NOT PERMISSIBLE

( EEC TREATY , ARTS 104 TO 109 )

3 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - CONCERTED PRACTICE - CONCEPT

( EEC TREATY , ART . 85 ( 1 ))

4 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - CONCERTED PRACTICE - PARALLEL CONDUCT IN THE DEBITING OF A UNIFORM BANK CHARGE ON INTERNATIONAL TRANSFERS - PROHIBITION - CONDITIONS

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . ALTHOUGH THE TRANSFER OF CUSTOMERS ' FUNDS FROM ONE MEMBER STATE TO ANOTHER NORMALLY PERFORMED BY BANKS IS AN OPERATION WHICH FALLS WITHIN THE SPECIAL TASK OF BANKS , PARTICULARLY IN CONNEXION WITH INTERNATIONAL MOVEMENTS OF CAPITAL , THAT IS NOT SUFFICIENT TO MAKE THEM UNDERTAKINGS WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE EEC TREATY UNLESS IT CAN BE ESTABLISHED THAT IN PERFORMING SUCH TRANSFERS THE BANKS ARE OPERATING A SERVICE OF GENERAL ECONOMIC INTEREST WITH WHICH THEY HAVE BEEN ENTRUSTED BY A MEASURE ADOPTED BY THE PUBLIC AUTHORITIES .

2 . ARTICLE 104 ET SEQ . OF THE TREATY IN NO WAY HAVE THE EFFECT OF EXEMPTING BANKS FROM THE COMPETITION RULES OF THE TREATY . THOSE PROVISIONS APPEAR IN CHAPTER 2 OF TITLE II , WHICH CONCERNS ' ' BALANCE OF PAYMENTS ' ' , AND ARE RESTRICTED TO STIPULATING THAT THERE MUST BE COORDINATION BETWEEN THE MEMBER STATES ON ECONOMIC POLICY , AND TO THAT END THEY PROVIDE FOR COLLABORATION BETWEEN THE APPROPRIATE NATIONAL ADMINISTRATIVE DEPARTMENTS AND THE CENTRAL BANKS OF THE MEMBER STATES IN ORDER TO ATTAIN THE OBJECTIVES OF THE TREATY .

3 . A CONCERTED PRACTICE WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY IS A FORM OF COORDINATION BETWEEN UNDERTAKINGS WHICH , WITHOUT HAVING REACHED THE STAGE WHERE AN AGREEMENT PROPERLY SO CALLED HAS BEEN CONCLUDED , KNOWINGLY SUBSTITUTES PRACTICAL COOPERATION BETWEEN THEM FOR THE RISKS OF COMPETITION .

THE CRITERIA OF COORDINATION AND CO-OPERATION NECESSARY FOR THE EXISTENCE OF A CONCERTED PRACTICE IN NO WAY REQUIRE THE WORKING OUT OF AN ACTUAL ' ' PLAN ' ' BUT MUST BE UNDERSTOOD IN THE LIGHT OF THE CONCEPT INHERENT IN THE PROVISIONS OF THE TREATY RELATING TO COMPETITION , ACCORDING TO WHICH EACH TRADER MUST DETERMINE INDEPENDENTLY THE POLICY WHICH HE INTENDS TO ADOPT ON THE COMMON MARKET AND THE CONDITIONS WHICH HE INTENDS TO OFFER TO HIS CUSTOMERS .

ALTHOUGH IT IS CORRECT TO SAY THAT THIS REQUIREMENT OF INDEPENDENCE DOES NOT DEPRIVE TRADERS OF THE RIGHT TO ADAPT THEMSELVES INTELLIGENTLY TO THE EXISTING OR ANTICIPATED CONDUCT OF THEIR COMPETITORS , IT DOES HOWEVER STRICTLY PRECLUDE ANY DIRECT OR INDIRECT CONTACT BETWEEN SUCH TRADERS , THE OBJECT OR EFFECT OF WHICH IS TO CREATE CONDITIONS OF COMPETITION WHICH DO NOT CORRESPOND TO THE NORMAL CONDITIONS OF THE MARKET IN QUESTION , REGARD BEING HAD TO THE NATURE OF THE PRODUCTS OR SERVICES OFFERED , THE SIZE AND NUMBER OF THE UNDERTAKINGS AND THE VOLUME OF THE SAID MARKET .

4 . PARALLEL CONDUCT IN THE DEBITING OF A UNIFORM BANK CHARGE ON TRANSFERS BY BANKS FROM ONE MEMBER STATE TO ANOTHER OF SUMS OF SIMILAR AMOUNT FROM THEIR CUSTOMERS ' FUNDS AMOUNTS TO A CONCERTED PRACTICE PROHIBITED BY ARTICLE 85 ( 1 ) OF THE EEC TREATY IF IT IS ESTABLISHED THAT SUCH PARALLEL CONDUCT EXHIBITS THE FEATURES OF COORDINATION AND COOPERATION CHARACTERISTIC OF SUCH A PRACTICE AND IF THAT PRACTICE IS CAPABLE OF SIGNIFICANTLY AFFECTING CONDITIONS OF COMPETITION IN THE MARKET FOR THE SERVICES CONNECTED WITH SUCH TRANSFERS .