Sentences with phrase «caught by the prohibition»

52 Where the analysis of a type of coordination between undertakings does not reveal a sufficient degree of harm to competition, the effects of the coordination should, on the other hand, be considered and, for it to be caught by the prohibition, it is necessary to find that factors are present which show that competition has in fact been prevented, restricted or distorted to an appreciable extent (judgment in Allianz Hungária Biztosító and Others (EU: C: 2013:160), paragraph 34 and the case - law cited).

Where, however, the analysis of the content of the agreement does not reveal a sufficient degree of harm to competition [bold and italics added], the effects of the agreement should then be considered and, for it to be caught by the prohibition, it is necessary to find that factors are present which show that competition has in fact been prevented, restricted or distorted to an appreciable extent -LSB-...]