Jurisdiction(s):
United Kingdom

Key definition

Concerted practice definition

What does Concerted practice mean? In competition law practice, a concerted practice is coordination between businesses that falls short of a formal agreement but replaces the uncertainties of competition with practical cooperation, often through contacts or exchanges of commercially sensitive information (for example, future prices, volumes or strategy). It is a case law concept, classically defined by the European Court of Justice in ICI v commission (Dyestuffs), and applied across Article 101 TFEU and the UK and Irish prohibitions. In England & Wales, Scotland and Northern Ireland, the Chapter I prohibition in the Competition Act 1998 outlaws agreements, decisions and concerted practices; Irish law...

Eturas (C‑74/14): CJEU on online platform discount caps—message alone insufficient; awareness and distancing determine Article 101 TFEU concerted practice liability

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub reflects the position as at the decision date of 21 January 2016; it is no longer maintained. For more, see: timeline, related/relevant cases and commentary.

Case facts Outline

A national reference from the Lithuanian court, Lietuvos vyriausiasis administracinis teismas (Supreme Administrative Court of Lithuania), invited the Court of Justice, by way of Article 267 TFEU, to give a preliminary ruling clarifying which factors should be considered when assessing whether travel companies (agents) using a common computerised platform have infringed Article 101 TFEU. In particular, the referring court asks whether Article 101(1) TFEU must be interpreted to mean that participation in a common information system gives rise to a presumption that the participating undertakings knew, or ought to have known, of discount restrictions applied by that system and, therefore, implicitly consented to limit price competition between themselves (ie through a ‘concerted practice’)...

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Web page updated on 21/05/2026

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