T-Mobile: Further confusion on information exchanges between competitors: Case C-8/08 T-Mobile Netherlands and others [2009] ECR 0000

The ECJ's ruling in the T-Mobile Netherlands case misses an opportunity to provide more clarity on the distinction between restrictions by object and restrictions by effect within the meaning of Article 81 EC. Instead, it adds to the confusion regarding the treatment of information exchanges between competitors by seemingly moving away from a more economic approach.