Advocate General Bobek provides an analytical framework to assess the appropriateness of ‘by object’ qualifications while clarifying and consolidating the case-law on the dichotomy between ‘by object’ and ‘by effect’ restrictions (Budapest Bank)

On 5 September 2019, Advocate General Bobek delivered his Opinion in the Budapest Bank case following a request for a preliminary ruling from the Hungarian Supreme Court. AG Bobek advised on several matters such as the existence of an obligation for National Competition Authorities to expressly indicate which type of collusion they condemn and whether the facilitating, accepting and implementing of an agreement amounts to a concerted practice. However, this Opinion is particularly interesting because of the clarification it brings to the analytical framework to assess whether a practice could be considered a ‘by object’ restriction.