Proving Concertation in the Context of Online Platforms: A Comment on the Eturas Case

Case C-74/14 Eturas and Others, judgment of the Court of Justice of the European Union of 21 January 2016

The Eturas judgment sheds new light on the finding of concerted practices in the sense of Article 101(1) TFEU in the context of online platforms. In particular, the Court highlights the standards which the participants to such platforms should abide with in order to avoid to be considered as participating in anticompetitive behaviour facilitated by the platform. These standards are somewhat lighter than for participants to straightforward cartels in the ‘regular’ economy but still require major diligence and care from all actors.

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